[Mageia-dev] [RFC] move cairo-dock to tainted because of trademark/patent issues

Sun Nov 27 05:40:05 CET 2011

on Thu, 10 Nov 2011 22:08
+in the Usenet newsgroup gmane.linux.mageia.devel
+nicolas vigier wrote:
+
+> On Thu, 10 Nov 2011, blind Pete wrote:
+
+Sorry for the delay.  
+
+Believe it or not, I was trying to be helpful.  
+
+>> You guys really need to talk to a lawyer.  Then when you know 
+>> how things work you will be able to make sensible decisions.  
+> 
+> If you have anything interesting to say, just say it, 
+
+What is legal or not varies a lot from time to time and place 
+to place.  If you want to do anything that is legal everywhere 
+for all time then you are doomed.  Just concentrate on the laws 
+that apply to you.  
+
+> no need to add
+> things like "You guys really need to talk to a lawyer". 
+
+Because I know that I am not an expert I am very reluctant to 
+tell you what to do.  
+
+> Especially
+> when the rest of you email shows that you don't actually have anything
+> useful to say that we already know. People interested in patents 
+probably
+> already read this document (already posted on this list), which has 
+much
+> more useful and accurate informations than your email (without the
+> condescending tone), prepared by real lawyers :
+> http://www.debian.org/reports/patent-faq
+
+Sorry if I appeared condescending.  
+
+The Debian document describes US law as considerably harsher than 
+the law where I am, but I'm not doing business in the US so I don't 
+really care.  Are you in the US?  Are you doing business in the US?  
+My reading of that document is that they repeatedly 
+tell the reader to talk to a lawyer. 
+
+>> > Yes, I do have one, I think we agreed that tainted was for enforced
+>> > patents, or those that would likely be enforced. While the 
+definition is
+>> > fuzzy, I doubt that the patent will be enforced, mainly because it 
+is
+>> > weak, 
+>> 
+>> Patented?  That would stop me SELLING stuff, if someone has a valid 
+>> patent in my jurisdiction, but if I am not selling then all patents 
+>> are irrelevant.  Check this with a local professional!  
+> 
+> Maybe you should do what you say and talk to a lawyer. You don't need
+> to sell anything to be attacked for patent infringement, or inducing
+> infringement (according to the document from lawyers at the Software
+> Freedom Law Center). It's just that you are a more attractive target 
+if
+> you're making a lot of money.
+
+I have talked to patent attorneys about enforcing patents.  The laws 
+are very different here and there.  Again my emphasis on local experts.  
+Not selling is apparently not an adequate defence in the US.  
+
+Here you can quite happily sell patented stuff - until someone 
+says, "Hey, I have a patent on that!", then you have to negotiate.  
+
+> But the tainted repository is not here to protect Mageia, because 
+Mageia
+> is distributing it anyway. The goal of the tainted repository is to 
+help
+> mirror owners (which can be commercial companies) or users or people
+> selling stuff based on Mageia, who want to limit their legal risks by
+> avoiding the more risky software.
+
+That is very nice of you, but I doubt that it is as useful as you hope.  
+
+Does anybody making any claim in any jurisdiction mean that something 
+is tainted?  Or does the claim have to be made by someone rich and 
+aggressive with a strong patent in a particular country?  
+
+Don't answer that in public, just think about it.  Do you want a 
+separate blacklist for every country?  
+
+You appear to be aiming at the US, but their system is so perverse 
+that honestly trying to do the right thing can put you in a worse 
+position.  Personally, I'm staying out of there.  
+
+-- 
+sig goes here...  
+blind Pete
+
+