Ethereal-dev: RE: [Ethereal-dev] Request: Change the allowed license of plugins

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Date: Thu, 21 Nov 2002 23:41:18 -0800
Hi Graham,

You cover a case that is applicable i.e. releasing information for a patent in
submission. However, even if the patent were granted, by releasing the source
code as GPL, the opinion of some lawyers is that the patent maybe invalidated. 

Dinesh
Graham Bloice writes:
 > > It is not the writing of the decoder of a protocol that is the
 > > problem. It is
 > > its release under GPL and its effect on patent invalidation that is the
 > > problem.
 > >
 > 
 > AFAIK this is a confusion between patents and trademarks.  A patent can not
 > be invalidated by not pursuing infringers, whereas a trademark can.
 > 
 > I just don't see the problem for granted patents, but I do see a problem for
 > patents currently in submission.  In this case though shouldn't the patent
 > owner then be extremely careful not to let information leak out as their
 > patent could be invalidated by prior art.
 > 
 > Regards,
 > 
 > Graham Bloice
 > 
 > 
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