Of course the patent itself is never damaged.
What happens is that if you implement it in GPL code, the code remains GPL
and thus patents covering part of the GPL code or not, the GPL still
applies.
This patents or not you can still not restrict use or redistribution rights
to anyone you
distribute the code to, patent or no patent.
AFAIK two things can happen:
1, You will just have to refraim from distributing the modified code and
never give it to anyone,
if it is never distributed noone will ever be restricted in their
redistribution rights.
Makes it pointless to implement the patented protocol in the first place.
2, the bad one. If you still distribute the modified code and try to
invoke some sort of restrictions on
use or redistribution, this violates the GPL and you suddenly loose the
right to use the GPL code
completely. Thus you can no longer use either the modified nor the
unmodified version of the code
at all.
Pretty risky. Do you want to have the licence to use Ethereal revoked?
In any way, the patent itself will never suffer nor be affected in any way.
What is at risk is getting your
licence to use Ethereal in any form revoked.
Software patents are bad and an effect of a corrupt patent office.
Anyone using patented protocols should be educated in the wrongs in their
ways.
----- Original Message -----
From: "Brad Hards"
To: "Mark H. Wood"
Sent: Tuesday, September 09, 2003 6:50 AM
Subject: Re: [Ethereal-dev] Licensing/Distribution Question
> Sorry, but there's a lot of FUD out there about GPL damaging patents and I
> don't want it to get any worse. It's my understanding that patents can
> only be damaged by the discovery of prior art or the exercise of eminent
> domain.
OK. But if you modify GPL code and add material covered by patent, you have
to
freely license that patent for everyone. Sure, its still your patent, and
the
patent is "undamaged", but your ability to extract license fees may be
reduced. I see this as a good thing.