GPL and embedded linux Re: [oclug] Disintermediate the telephone company

[Charlie Brady]

On Fri, 11 Jun 2004, Francis J. A. Pinteric wrote:

> "7. If, as a consequence of a court judgment or allegation of patent
> infringement or for any other reason (not limited to patent issues),
> conditions are imposed on you (whether by court order, agreement or
> otherwise) that contradict the conditions of this License, they do not
> excuse you from the conditions of this License.  If you cannot
> distribute so as to satisfy simultaneously your obligations under this
> License and any other pertinent obligations, then as a consequence you
> may not distribute the Program at all."
> 
> They then immediately give an example: "if a patent license would not
> permit royalty-free redistribution of the Program by all those who
> receive copies directly or indirectly through you, then the only way you
> could satisfy both it and this License would be to refrain entirely from
> distribution of the Program."
> 
> So, this means that if I create a derivative work from some GPL'd code
> that implements a patented process (that I presumably have rights to)
> then I need not distribute the code of the derivative work if it would
> violate the terms the patent license that my derivative work implements.

Yep, you need not distribute the code, and you may not distribute the 
program.

> Further, if I do decide to distribute the code then I could impose upon
> you the requirement that you not distribute it.

You may not decide to distribute the code, unless you choose to flaunt 
copyright law. Or unless the program is completely yours, in which case 
the GPL is irrelevant.

> The clause "or for any other reason (not limited to patent
> issues)" gives me a free hand here.

Crap.

---
Charlie