Re: Are Microsoft’s patent lawyers really this dumb?

[Peter]

Kurt Häusler wrote:
> I am a bit worried myself as I used to work for a company writing open
> source linux drivers (but not in the kernel or any distros) implementing
> patented protocols and algorithms with permission, under the gpl2 (or any
> later version), just trying to do the right thing, currently I and a
> couple of others are still distributing them (and won't be suing anyone
> for using it!). I think the patents have since been sold. 

Is the software that you are distributing covered by patents?  If so, who
owns the patents?

> Who knows what the legal consequences are, it might be a good idea to
> stop distributing them, which seems somewhat counter to the goals of
> software freedom to me.

If you don't have the right to distribute the software, then that isn't a
fault of GPL.
 
> On the other hand, I like the idea of protecting the users (and other
> coders) from patent lawsuits so updating the gpl to version 3 seems
> tempting too but is it my right to do so?

Who has copyright to the software?  AFAIK, you can put whatever licence on
the software that you create.

IANAL


HTH

Peter