Here are some of my ideas for Fedora 8 and Fedora 9

[Les Mikesell]

Ed Greshko wrote:
> Les Mikesell wrote:
> 
>> I think there would be an interesting legal argument that nearly all
>> potential users have already paid the relevant patent royalties
>> indirectly in the form of drivers and other software provided by the
>> hardware vendors of the devices in question (and included in the cost),
>> or in the copy of Windows they were essentially forced to buy with the
>> computer.  Since they have paid to use the covered algorithms and since
>> patents cover the process not specific instances, they should be
>> permitted to use a version of it that actually works.  Of course I don't
>> want to spend my own money to test this argument...
> 
> Could you say that again in English?

If you buy a DVD device for your PC, for example, it will generally come 
  with packaged software to operate it included in the cost.  Presumably 
part of this cost covers any patent license fees required for you to 
legally use the covered processes on that device.  The copy as supplied 
isn't usable though, since it requires an operating system you are 
unwilling to run (you might claim you are avoiding compliance in an 
illegal monopoly as your reason here...).  Since patents don't cover 
specific copies or versions, but the broad algorithm or process 
involved, having paid once for the right to use that process should 
permit you to run that process even though it is a different version of 
it.   Likewise for everything patented that is included in that copy of 
Windows that you paid for even if it was hidden in the price of your PC.
This doesn't cover everyone since is theoretically possible to obtain 
hardware without software, but I've got a large box of CD's full of 
stuff that came bundled with my last few PCs and I'd bet that's true for 
most people.  The software license included with these things may 
disclaim any such rights, but you aren't using that software and thus 
aren't bound by its license terms, and you did pay for the right to use 
the processes.

-- 
   Les Mikesell
    lesmikesell at gmail.com