decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Can't GPL authors petition the court to see? ... elsewhere too ...? | 264 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Can't GPL authors petition the court to see? ... elsewhere too ...?
Authored by: tknarr on Thursday, December 13 2012 @ 07:26 PM EST

Well, in this case you would have open statements by one of the parties that the agreement covers a product that can be shown to contain my code. Note that I can't demand access to their agreement. What I can demand is either that access, for the purpose of determining whether or not their agreement causes one party to breach their obligations to me regarding my code, or alternatively to have both parties state in a legally binding fashion that the patents in question are not practiced by my code. The catch there is that if the infringing code were really mine, then if either of those parties later tries to sue anyone else I can jump up waving that statement and go "Hold on here, they already said my code doesn't practice their patents, so how can it infringe upon them?". You can imagine what'd happen if a large number of the copyright holders of the GPL'd code in Android made such a demand.

It wouldn't even be necessary to ask that the agreement be allowed to be made public. If none of the copyright holders turned around and took legal action, we'd know the patents didn't touch on the GPL'd code. And if the patents did, at least some of the copyright holders would be taking action over the GPL violation.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )