[Fedora-legal-list] Legal flag raised on PPSSPP

[Tristan Santore]

On 11/03/14 16:41, Richard Fontana wrote:
> ----- Original Message -----
>> On 03/10/2014 04:33 PM, Miroslav Suchy wrote:
>>> And I find that I do not know the answer.
>>> What is the trick that Ubuntu can host on PPA, Lunchpad etc. restricted
>>> content, but Fedora can not?
>> As pointed out, Canonical is not a US based company, Red Hat is. We're
>> forced to comply with the awful mess of software patents and other US
>> specific legal restrictions.
> Actually this idea I've been hearing for many years now that Canonical inherently does not face software patent issues because it is not *based* in the US makes no sense.
>
> Consider that a company that is *based* in the US does not by virtue of that fact avoid patent risk exposure in other countries. Where you are *based* has nothing to do with patent infringement liability.
>
> - Richard
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According to US law yes. If they sell products to the US market for 
monetary gain, they would become liable.

Same as a US business could go to court in Europe, making claims against 
design rights. Now, as some of us might argue, that anything in software 
is akin to a software patent issue, and not a design issue per se, is of 
course another story, maybe even a problem with the copyright law in 
Europe as such.

Of course, we should also point out, that any US citizen using 
rpmfusion, might be liable to patent infringement claims. Even though 
they have no commercial gain from using such software.

Fortunately, for us people in Europe, those issues only apply 
indirectly. General rule of thumb, considering the inappropriate abuse 
of extradition agreements with the US here in the UK, do not host stuff 
in the US, do not cater to US residents, if you think you might be 
violating US copyright laws or patent laws.

Regards,

Tristan

-- 

Tristan Santore BSc MBCS
TS4523-RIPE
Network and Infrastructure Operations
InterNexusConnect
Mobile +44-78-55069812
Tristan.Santore at internexusconnect.net

Former Thawte Notary
(Please note: Thawte has closed its WoT programme down,
and I am therefore no longer able to accredit trust)

For Fedora related issues, please email me at:
TSantore at fedoraproject.org