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Nokia Announces Patent Support to the Linux Kernel
Mictian writes "In conjunction with the introduction of Nokia's Linux Handheld mentioned earlier today, Nokia Corporation announced today that it allows all its patents to be used in the further development of the Linux Kernel. Nokia says, that it believes that open source software communities, like open standards, foster innovation and make an important contribution to the creation and rapid adaptation of technologies. And that the investment made by so many individuals and companies in creating and developing the Linux Kernel and other open source software deserve a framework of certainty."
If they believe in open source so much shouldn't that be *any* open source project as opposed to just the linux kernel?
Is this in writing?
Is it in lawyer-compatible writing?
Is it written in a way that they cannot duck out of it Rambus style?
If an experiment works, something has gone wrong.
Of course, Nokia would have done this regardless of the Tablet they launched today, which, as if by coincidence, runs on Linux. And I'm even more certain it has nothing to do with a Nokia need to get some developer enthusiasm behind it's new software base. And it's got nothing to do with the lack of interest in the Symbian OS they've been running their other new phones off. And I'm sure Microsoft shouting about their new Mobile OS has even less to do with this.
As much good intentions Nokia may have at this time towards Linux and OSS in general, it is not acceptable to be at the mercy of such good will. Software patents need to be rejected on principle, and not be accepted because they happen to cause no damage AT THE MOMENT because of current good will.
Nokia is one of the main proponents of software patents in the European debate regarding this subject. The only answer is: we don't want your parents, we don't want any (software) patents in existance at all. Anything other would be very hypocritical.
You can't take a routine from the kernel and use it in some other GPL'd program, because Nokia's Patent Statement would not apply. That sort of defeats one (at least one!) of the purposes of the GPL, doesn't it? What about code that starts out in some other GPL'd program, like emacs or kde? It's definitely not covered by their Patent Statement, unless it's already in the kernel, and then only for use in the kernel.
As for their reserving the right to enforce patents against future kernel features, I'm sure that boils down to something like this: ``If Linux starts to cut into our revenues, watch out!''
As I've said in another post, what we need from them is an irrevokable license to use their patents in any GPL'd program. This isn't that, but it costs us nothing, so we should say thanks, and get on with what we were doing, because nothing has changed.
Before the announcement, they weren't suing anyone, though they might have chosen to in the future. After the announcement, they aren't suing anyone, though they might choose to in the future. It is a nice goodwill gesture, but nothing has changed.
See what I've been reading.
By distributing linux with their new devices they are implicitly granting all recipients of these devices a license to patented code (if any) that may exist in linux under the terms of the GPL. This is because they have to distribute under the terms of the GPL or not distribute at all and the GPL makes it clear that no additional restrictions can be added (such as "we may revoke patent licenses at a later date" or "this is only for linux, not for other programs")
So because it is under the terms of the GPL, we are allowed to use patented code from linux (if any) in any other GPL programs. If they say we can not they are breaking the terms of the GPL and must stop distributing linux.
Of course it may be that they have no patents on any code in linux. In that case they can say what they want about how they can be used.
Also, if they do have patents on code in linux and they still impose their terms on it, as well as not being allowed to distribute it themselves they would be able to use their patents to prevent others distributing it unless they removed the patented code.
Software patents suck.
IANAL.
-- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz
The EU parlament are going to vote for software patents next week - so this is just a PR stunt to get the parlament members to think that Linux is safe and thus approve software patents in EU!
Just saying it like it are.
If the above claim was true, Nokia would gain nothing by the patent system. They'd just be sinking money so they can't be attacked.
Why then is Nokia agressively lobbying for software patents in Europe?
Nokia is it seems releasing a Linux based device. When they do that the GPL is quite clear about the patents and that you *have* to give usage. So in fact the GPL says _more_ than Nokia do.
Nor alas is this just PR spin to make them look good. Nokia is lobbying hard to get almost unlimited software patenting allowed in Europe. This press release is part of a game to fool the parliament into believing that open source is not threatened by patents and to make them feel more comfortable. Right now the Finnish MEP's in particular face difficult choices - Nokia is almost "Finland the company" and Linus is "Finland the rockstar" , and they say exactly the reverse about patents.
The parent post points out the hypocrisy in this statement: if all that Nokia wants is to be safe from patent lawsuits then it would be quite counterproductive to push for software patents in the EU - which is exactly what they are doing.
So, I do not really believe that they do not plan to use SW patents offensively.
Real life is overrated.