Re: How can we submit code patches that implement our (pending) patents?

From: Andres Freund <andres(at)anarazel(dot)de>
To: Nico Williams <nico(at)cryptonector(dot)com>
Cc: "Tsunakawa, Takayuki" <tsunakawa(dot)takay(at)jp(dot)fujitsu(dot)com>, 'Craig Ringer' <craig(at)2ndquadrant(dot)com>, "pgsql-hackers(at)lists(dot)postgresql(dot)org" <pgsql-hackers(at)lists(dot)postgresql(dot)org>
Subject: Re: How can we submit code patches that implement our (pending) patents?
Date: 2018-07-09 18:24:09
Message-ID: 20180709182409.24o4dokhrq4a24wk@alap3.anarazel.de
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Hi,

On 2018-07-09 05:47:56 -0500, Nico Williams wrote:
> Suppose I have my own patches, not yet contributed to PG, and that I'm
> using them in production. Can I use my patched version of PG with your
> functionality?

Yes. Given the proposal was to license the potentially encumbered code
under apache 2.0, it'd be fine.

> Suppose I am developing my own PostgreSQL derivative, with my own secret
> sauce perhaps, and perhaps I'm using it to build a proprietary cloud DB
> service. Can I use my patched version of PG with your functionality?

Dito. You couldn't invent *new* uses of the patent, but contributed
versions would be fine. The relevant language is in section 3:
"where such license applies only to those patent claims licensable by
such Contributor that are necessarily infringed by their Contribution(s)
alone or by combination of their Contribution(s) with the Work to which
such Contribution(s) was submitted"

> Anyways, as a user of PG and occasinal hacker of PG, I would have to
> insist on a ./configure way to exclude all functionality not licensed to
> me for my use cases, and I would have to insist on all such code being
> very well segregated (I don't want to look at your code!), and I would
> insist too on any free configuration being highly tested.

Given the above, I don't see why that'd be needed.

Greetings,

Andres Freund

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