LWN on the Patent Encumbrence of SELinux

Anonymous Coward writes "LWN has a story about patents in SELinux. The article says: "Much of the actual work in the implementation of SELinux was done by Secure Computing Corporation (SCC). SCC, in its implementation of SELinux, used a technology that it calls type enforcement. As it turns out, SCC has a patent on this technology." Sigh.

Comments

Re:Opposing views

[Marasmus]

Yeah, it's a patent-law versus GPL thing, but (at least to me) it appears to be cut-and-dry. Linux existed, with its use of the (L)GPL as its license. SCC held their patent and chose to modify Linux to make use of their technology. They are a 'consumer' of Linux, and Linux is NOT a consumer of their technology. They are, before any consideration of patent law is considered, required to comply with the GPL in regards to adding anything to Linux.

So they (we assume consciously) chose to work their code into Linux and redistribute it. This action implies intent to comply with the GPL. Considering the specific requirements of the GPL in regards to patents (must be royalty-free for ALL users who can receive the distribution), the only logical conclusion to draw is that SCC aggreed at the moment of distribution to permit use of their patent within Linux as royalty-free to the public (which includes individuals, governments, deities, and businesses alike).

it's a fairly a->b->c sort of thing. The only thing assumed is that SCC had the conscious intent to comply with the GPL... If they never intended to comply with the GPL, then this whole point is moot and they are in violation of the license! This certainly isn't a rocket-science concept to understand.

So what are our outcomes? (1) SCC provides royalty-free use of their patent in SELinux, (2) SCC withdraws their code, (3) SCC tries to play hardball by requiring licensing while violating the GPL and tries to fight the GPL in court. The likelihood of 3 doesn't seem too likely.