What next?

[Jeff Spaleta]

On 6/3/05, Chris Adams <cmadams at hiwaay.net> wrote:
> So if Fraunhofer allows any GPL distribution, anyone can take that code
> (or a derived work) and distribute it under the terms of the GPL (which
> means that Red Hat or TiVo for example can sell it without paying
> license feeds to Fraunhofer).  Under the terms of the GPL, Fraunhofer
> cannot allow free/non-commercial distribution and restrict commercial
> distribution of the same code.

If this issue was about Fraunhofers rights and responsbilities as a
"copyright" holder to GPL code you'd be sort of right.. but the issue
isn't about "copyrights" its about "patents".
Fraunhofer has not released a single piece of code "copyrighted" under
the GPL. The issue is about the "patents" Fraunhofer holds, and
Fraunhofter can absolutely grant their patent as they deem fit
regardless of what the GPL "copyright" license says.  Do not confuse
patents with copyrights.. they are distinctly different legal
concepts.

Fraunhofer is not a party to any GPL "copyright" license for any code
that uses concepts from the associated "patents."  Fraunhofer's
actions with regard how it licenses its "patents" are not bound by the
"copyright" restrictions GPL places works under its "copyright"
protections.  The GPL puts restrictions on the actions of
redistributors of the GPL "copyrighted" work. If a "patent" holder
prevents redistribution to any individual.. then the GPL says noone is
allow to redistribute. The GPL does not restrict the actions of the
"patent" holder in any way.. it restricts redistribution of the
"copyrighted" work to prevent privledged redistribution.  Fraunhofer
can attempt to play favorites with its patents all it wants...but the
GPL prevents anyone from taking advantage of Fraunhofer's actions.  If
there was a BSD "copyright" licensed implementation out there for mp3,
that would change things considerable. BSD "copyright" license is
perfectly compatible with non-commercial use "patent" licenses like
what Fraunhofer currently allows.

-jef"dials up groklaw and signs chris up for the next GPL-101 class"spaleta