Include MPlayer in beta?

Mike A. Harris mharris at redhat.com
Wed Sep 17 17:55:21 UTC 2003


On Wed, 17 Sep 2003, Michael Knepher wrote:

>> > b) MPlayer is saying it is GPL.  If he decides to try to use patents to
>> > prevent distribution it is no longer GPL (see mp3 discussions).
>> 
>> Are you saying that patenting something in a product retroactively 
>> revokes the GPL license for all prior releases?
>
>If the patent covers code/functionality in the prior releases, and the
>patent holder does not grant a license of the patent under
>GPL-compatible terms, then I would think that the prior releases would
>be in a difficult position, GPL-wise. It could probably be argued in a
>court of law, however, that the license holder's prior distribution of
>the patented code/functionality with no encumbrances constituted a de
>facto license.

You can't release something under GPL, then patent it later.  You 
can try, but your patent - if granted, would be revoked if 
contested because you've released prior art yourself.  At least 
that is how I understand things.

Someone intending on patenting something, must keep it secret 
until after applying for the patent.  I'm not sure if they must 
wait for the patent to be granted or not after that before 
releasing it, however before releasing things publically.

IANAL however, so consult one if it matters at all.


-- 
Mike A. Harris     ftp://people.redhat.com/mharris
OS Systems Engineer - XFree86 maintainer - Red Hat





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