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Source code can't infringe US patents because source code isn't a machine or a process or a composition of matter. A machine running a Linux kernel can be plau
by WildUtah 13y ago
Source code can't infringe US patents because source code isn't a machine or a process or a composition of matter.
A machine running a Linux kernel can be plausibly accused of infringing thousands of active US patents even without FAT support. There is no version of Linux that does or could ever pass a patent clearance review in the USA.
The distinguishing character of the VFAT patents is that Microsoft threatens to sue people over them. I don't know of any cases they've won so far and no patent is actually infringed until a jury says so.
- caf 13y agoDoes this mean that Fedora is wrong when they say "This means that we cannot include MP3 code, even as source."? https://fedoraproject.org/wiki/Forbidden_items?rd=ForbiddenItems#MP3_Support https://fedoraproject.org/wiki/Forbidden_items?rd=ForbiddenI...
- cbhl 13y agoNo, because Fedora releases binaries.
- caf 13y agoI was referring to the "even as source" part. (They make package maintainers excise MP3 code from upstream tarballs and repackage those, not just patch it out of the compiled code - it's a massive pain).
- Amadou 13y agoI think the key part of that paragraph is in the last sentence: "... in order to serve the goal of providing and supporting only free and open source software that is not restricted by software patents by default. " So, not a legal reason, but a philosophical reason.