> IBM can't use the patents against the Linux kernel
> anymore than SCO can -- as IBM points out in its
> own brief, distribution of the source under the
> GPL prohibits you from certain legal tactics...
> like licensing. You are implicitly licensing any
> IP (copyrights, trade secrets, patents) that you
> may own that are applicable to the source you
> distribute.
Yes -- you are licensing it to those who distribute
Linux under the GPL. That does *not* mean you allow anyone to use your patents in their proprietary software, though.
[Not that I'm in favour of software patents -- I'm from a country that's supposed not to allow patenting of computer programs, but the European patent office has steadily tried to erode this principle away]
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> IBM can't use the patents against the Linux kernel > anymore than SCO can -- as IBM points out in its > own brief, distribution of the source under the > GPL prohibits you from certain legal tactics... > like licensing. You are implicitly licensing any > IP (copyrights, trade secrets, patents) that you > may own that are applicable to the source you > distribute. Yes -- you are licensing it to those who distribute Linux under the GPL. That does *not* mean you allow anyone to use your patents in their proprietary software, though. [Not that I'm in favour of software patents -- I'm from a country that's supposed not to allow patenting of computer programs, but the European patent office has steadily tried to erode this principle away]