4 ms·

I'm pretty sure I can, as long as I'm not selling it. A patent doesn't ban an object from existence.

sulam 5y ago
I'm pretty sure (dueling IANALs!) you can't. This is why patent licenses are such a key piece of OSS packages that you want companies to be able to use.
- dahfizz 5y ago
  Define "use". The GPL explicitly allows internal use / modification of software, for example[1]. It's only when you sell / distribute software that includes OSS components that licenses matter. I can do whatever I want with OSS code and I can modify consumer electronics I've bought any way I want; there is no need to be concerned with licenses and patents. Only if I want to sell my creation do patents matter. [1] https://www.gnu.org/licenses/gpl-faq.html#InternalDistribution https://www.gnu.org/licenses/gpl-faq.html#InternalDistributi...
  - sulam 5y ago
    I honestly believe you're wrong here. There's no exclusion for not profiting from your unlicensed use of a patent, you're infringing regardless of how you use it. Whether or not someone will sue you obviously brings into question damages and how they would collect them, but I don't believe infringing behavior is contingent on a monetary exchange. Here you go, a source: https://www.law.cornell.edu/wex/patent_infringement https://www.law.cornell.edu/wex/patent_infringement [...] one commits patent infringement by making, using, offering to sell, or selling something that contains every element of a patented claim [...]
HWR_14 5y ago
You can probably sneak by under the radar/because it is bad PR to go after individuals, but legally you are not able to do that and can be sued. You are probably also not worth the expense of a lawsuit.
- MaxBarraclough 5y ago
  > legally you are not able to do that and can be sued I'm not a lawyer, but I think this depends on jurisdiction. In some jurisdictions, patent law has exceptions for private and/or non-commercial use. UK patent law has such an exception, but US patent law does not. https://www.wipo.int/patents/en/topics/exceptions_limitations.html https://www.wipo.int/patents/en/topics/exceptions_limitation... https://www.wipo.int/scp/en/exceptions/replies/uk.html#Q2 https://www.wipo.int/scp/en/exceptions/replies/uk.html#Q2 https://www.wipo.int/scp/en/exceptions/replies/usa.html#Q2 https://www.wipo.int/scp/en/exceptions/replies/usa.html#Q2
charcircuit 5y ago
My information comes from asking someone whose company deals with helping people get software patents if it's okay to violate software patents in private. Now obviously in reality catching you doing this and going after you as a random person is probably not worth it.

I'm pretty sure (dueling IANALs!) you can't. This is why patent licenses are such a key piece of OSS packages that you want companies to be able to use.

dahfizz 5y ago
Define "use". The GPL explicitly allows internal use / modification of software, for example[1]. It's only when you sell / distribute software that includes OSS components that licenses matter. I can do whatever I want with OSS code and I can modify consumer electronics I've bought any way I want; there is no need to be concerned with licenses and patents. Only if I want to sell my creation do patents matter. [1] https://www.gnu.org/licenses/gpl-faq.html#InternalDistribution https://www.gnu.org/licenses/gpl-faq.html#InternalDistributi...
- sulam 5y ago
  I honestly believe you're wrong here. There's no exclusion for not profiting from your unlicensed use of a patent, you're infringing regardless of how you use it. Whether or not someone will sue you obviously brings into question damages and how they would collect them, but I don't believe infringing behavior is contingent on a monetary exchange. Here you go, a source: https://www.law.cornell.edu/wex/patent_infringement https://www.law.cornell.edu/wex/patent_infringement [...] one commits patent infringement by making, using, offering to sell, or selling something that contains every element of a patented claim [...]

HWR_14 5y ago

You can probably sneak by under the radar/because it is bad PR to go after individuals, but legally you are not able to do that and can be sued. You are probably also not worth the expense of a lawsuit.

MaxBarraclough 5y ago
> legally you are not able to do that and can be sued I'm not a lawyer, but I think this depends on jurisdiction. In some jurisdictions, patent law has exceptions for private and/or non-commercial use. UK patent law has such an exception, but US patent law does not. https://www.wipo.int/patents/en/topics/exceptions_limitations.html https://www.wipo.int/patents/en/topics/exceptions_limitation... https://www.wipo.int/scp/en/exceptions/replies/uk.html#Q2 https://www.wipo.int/scp/en/exceptions/replies/uk.html#Q2 https://www.wipo.int/scp/en/exceptions/replies/usa.html#Q2 https://www.wipo.int/scp/en/exceptions/replies/usa.html#Q2

charcircuit 5y ago

My information comes from asking someone whose company deals with helping people get software patents if it's okay to violate software patents in private. Now obviously in reality catching you doing this and going after you as a random person is probably not worth it.