Gentoo Archives: gentoo-dev

From: "Robin H. Johnson" <robbat2@g.o>
To: gentoo-dev@l.g.o
Cc: licenses@g.o
Subject: Re: [gentoo-dev] Guidance on distributed patented software
Date: Mon, 20 Sep 2021 18:15:50
Message-Id: robbat2-20210920T174440-071239786Z@orbis-terrarum.net
In Reply to: Re: [gentoo-dev] Guidance on distributed patented software by Rich Freeman
1 On Mon, Sep 20, 2021 at 01:27:37PM -0400, Rich Freeman wrote:
2 > On Mon, Sep 20, 2021 at 12:46 PM Alec Warner <antarus@g.o> wrote:
3 > >
4 > > Could we add some text to the license concepts covering patents? It
5 > > seems to have been omitted?
6 > > Is my understanding of how we manage patented software correct?
7 >
8 > I think you have the gist of it. Is there actually anything in the
9 > repo these days which is patent-encumbered? I realize this is a
10 > little tangential, but I think this is probably why we don't have a
11 > well-thought policy: it just doesn't come up much.
12 Elliptic Curve cryptography is the most topical & impactful thing I'm
13 aware of.
14
15 RedHat have for many years stripped parts of it out of their OpenSSL &
16 libgcrypt packages, and continue to do it with OpenSSL-3 [1] (I note
17 that somebody has dropped these patches from Gentoo's openssl as of v3
18 and I intend to restore them).
19
20 RedHat's legal team clearly know something there that they aren't
21 disclosing the details of publicly, because the patches said the patents
22 expire in 2020, but when I asked off-list if EC could be re-enabled
23 based on the expiry dates in the files, they claimed that patent issues
24 were still present, without giving any detail.
25
26 Somebody else ALSO asked about the Brainpool EC curves specifically and
27 similarly got nowhere [2].
28
29 [1] https://src.fedoraproject.org/rpms/openssl/c/347681c6b246d9b6a08c73bb40e5eefaf8596d71?branch=rawhide
30 [2] https://www.spinics.net/linux/fedora/fedora-legal/msg03673.html
31
32 I feel that generally software patents as an issue for FOSS became less
33 common because of patent grant programs: grants existed to encourage
34 broad adoption of newer ideas from patents.
35
36 > Things that used to be patent-encumbered that were prevalent in FOSS
37 > in the past include:
38 > 1. The GIF file format.
39 > 2. FAT-based filesystems.
40 > 3. MPEG-related codecs (codecs might be a space where patents are
41 > still relevant).
42 > 4. RSA
43 I have some more fields for patents to add, where I believe active
44 patents DO still exist:
45
46 5. Elliptic Curve cryptography
47 6. "Quantum" cryptography
48 7. 3D Printing
49 8. DRM
50 9. UAVs/Drones (also hits EAR/ITAR)
51 10. Rocketry (also hits EAR/ITAR)
52
53 Other past patent stuff touching open source:
54 11. Model Trains (see JMRI vs Katzer)
55
56 --
57 Robin Hugh Johnson
58 Gentoo Linux: Dev, Infra Lead, Foundation Treasurer
59 E-Mail : robbat2@g.o
60 GnuPG FP : 11ACBA4F 4778E3F6 E4EDF38E B27B944E 34884E85
61 GnuPG FP : 7D0B3CEB E9B85B1F 825BCECF EE05E6F6 A48F6136

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