Yes, but ...

Remember that Squeak is really Open Source Software, and we definitely
intend for it to continue that way. So what we need are resources that are
unencumbered (and people to make resources that are unencumbered).

Cheers,

Alan

-----

At 9:44 AM -0800 12/9/99, John Duncan wrote:
>On this note,
>
>The Squeak team should investigate starting a patent pool, perhaps
>using available resources at Disney.  Patent pools are helpful for
>negotiating cross-licensing agreements and are generally considered to
>be the way to go for both parties, claimant and defendant, in a patent
>dispute.  This is because it is usually a great risk to prosecute
>patent infringement, and both parties want to settle out of court.
>The nice thing about the patent pool is you can generate a use-license
>that says that anyone can use your patent but that the license may be
>revoked at any time.  People generally agree that this time will be
>when the other party gets uppity about something, like a patent
>dispute.  This license can be included in the Squeak copyright, when
>one exists.
>
>[This is not to be construed as legal advice, as I am not a lawyer.]
>
>-John
>
>> -----Original Message-----
>> From: Andrew C. Greenberg [mailto:werdna at gate.net]
>> Sent: Thursday, December 09, 1999 8:42 AM
>> To: squeak at cs.uiuc.edu
>> Subject: Re: True Type Fonts.
>>
>>
>> >And I don't think releasing your own code could ever get
>> you into trouble,
>> >could it? As long as everyone dl'ed the FreeType code
>> themselves. Of course,
>> >there might be a problem if you needed to modify the FT
>> code, but I was
>> >thinking you would only need to write an interface to it.
>>
>> Generally speaking, a copyright in software cannot be infringed
>> unless the defendant has actually (directly or indirectly) copied
>> from, derived from or distributed the work of the copyright owner.
>> Although difficult to prove, demonstrating independent
>> creation is a
>> defense to copyright.
>>
>> However, this is not true of patents.  Generally speaking, you
>> infringe a patent whenever you practice the claimed invention (that
>> is, make, use, sell or offer for sale an embodiment of the
>> invention), regardless of where you got the idea or who implemented
>> it.  Also, acts of inducing or contributing to infringement by
>> another party can themselves be acts of infringement,
>> depending upon
>> certain other facts.
>>
>> Accordingly, using patented subject matter without a license, with
>> exceptions, certainly *CAN* get you into trouble.  Likewise with
>> inducement or contribution to the infringement by another.
>>
>> Nothing herein should be considered legal advice on which
>> you should
>> rely.  Legal advice requires analysis of applicable law in view of
>> specific facts.  The general abstract scenario described in this
>> e-mail might, or might not result in an actual infringement,
>> depending upon specific facts.  Without the particular details of a
>> given case, there is no way to make an actual legal determination.
>>
>>