Title: RE: [Ethereal-dev] Request: Change the allowed license of plugins
Perhaps a failure to aggressively control the use of the patented material can be interpreted as a lack of protection of the patent. My limited experience leads me to think this could be used to support a case that would lead to an invalidation of the patent. Allowing an unlicensed decoder to continue to exist, or even releasing the source code for a decoder could be seen as a failure to protect the patent.
On the other hand, releasing information about patented material does not invalidate the patent. In fact, the opposite is exactly what the patent office, and the patent application are intended to do: Promote the dissemination of ideas, in a fashion which allows for the protection of the originator's ability to control the use of idea. Perhaps the existence of a decoder can be interpreted as another form of the _expression_ of the idea, like a drawing.
We should also consider that a decoder is not an implementation or use of the patented idea, just an illustration or _expression_. Being able to decode the protocol does not mean any value is being derived from it.
-----Original Message-----
From: Hannes Gredler [mailto:hannes@xxxxxxxxxxx]
Sent: Thursday, November 21, 2002 9:08 AM
To: ddutt@xxxxxxxxx
Cc: Ronnie Sahlberg; ethereal-dev@xxxxxxxxxxxx
Subject: Re: [Ethereal-dev] Request: Change the allowed license of
plugins
On Thu, Nov 21, 2002 at 06:55:39AM -0800, ddutt@xxxxxxxxx wrote:
[...]
| While this language maybe ambiguous and debatable by all and sundry as to its
| implications, what it implies is that by releasing a decoder under GPL, I
| potentially cannot enforce my patent on my proprietary protocol. Lawyers are
| unwilling to release decoders because of this restriction.
dinesh,
ethereal already contains dissectors that decode protocols which are patented
by your employer;
EIGRP,CDP,HSRP just to name a few ...
i fail to understand why a dissector for a proprietary protocol does
infringe patents and copyright laws;
... applying reverse logic: did the publication of the EIGRP,CDP,HSRP
dissector in ethereal violate any of your employers rights in the past ?
/hannes
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