Linux-kernel mailing list archive 2000-26,: Re: Patented algorithms in kernel

# Re: Patented algorithms in kernel

Theodore Y. Ts'o (tytso@MIT.EDU)
Fri, 30 Jun 2000 09:31:17 -0400

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From: David Woodhouse <dwmw2@infradead.org>
Date: Fri, 30 Jun 2000 12:09:05 +0100

I have code which implements patented algorithms. As with WinModems, if you
have the hardware, you have permission to use that code.

Make sure you really do have formal permission to use the code. In some
cases, the patent license goes with the *driver* not with the
*hardware*. It's up to the patent holder. Otherwise, _you_ can end up
being liable for patent infringement, or at the very least contributory
patent infringement. But don't take my word on this; go check with a
real lawyer.

(My only free advice here is to do so before you start distributing the
code, for your own sake. You may also want to check with the patent
holder and ask exactly what sort of patent license you need to put in
your code. At the very least, mark what code you believe may be covered
by a patent, so that someone else doesn't unwittingly take that
algorithm and use it in some other context where they wouldn't have a
patent license.)

- Ted

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- Next message: yodaiken@fsmlabs.com: "Re: a joint letter on low latency and Linux"
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