Re: How can we submit code patches that implement our (pending)patents? - Mailing list pgsql-hackers

From Nico Williams
Subject Re: How can we submit code patches that implement our (pending)patents?
Date
Msg-id 20180723191534.GG5695@localhost
Whole thread Raw
In response to Re: How can we submit code patches that implement our (pending)patents?  (Bruce Momjian <bruce@momjian.us>)
List pgsql-hackers
On Mon, Jul 23, 2018 at 03:06:13PM -0400, Bruce Momjian wrote:
> On Mon, Jul 23, 2018 at 02:02:40PM -0500, Nico Williams wrote:
> > On Mon, Jul 23, 2018 at 01:12:19PM -0400, Bruce Momjian wrote:
> > > On Mon, Jul 23, 2018 at 11:27:49AM -0500, Nico Williams wrote:
> > > > Perhaps patent law [in some countries] requires contracts as opposed to
> > > > licenses?
> > > 
> > > Yes, I really don't know.  I have just seen enough "oh, we didn't think
> > > of that" to be cautious.
> > 
> > So, is it FUD?  The core needs paid-for legal advice, not speculation.
> > 
> > I'm quite certain that a software license can make a patent grant to the
> > satisfaction of many open source communities, and almost certainly to
> > the satisfaction of the PG community.  But it will take an IP lawyer to
> > review or write such a license.
> 
> And is the payback worth it?  Many don't think so.

Wouldn't that be something to decide on a case-by-case basis?

Recall, a contributor might have acquired a patent only for the purpose
of defensive use, and the patent might involve useful-to-PG ideas.

Moreover, if PG re-invents those ideas later it then risks exposure to
lawsuit anyways.  Arguably, accepting suitably-wide patent grants serves
to protect PG from this risk!  Is that FUD from me, or good advice?
You'll need a lawyer to decide.

The important thing is the legal language of the grant.  This is why PG
needs legal advice.

Nico
-- 


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