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

From: Andres Freund <andres(at)anarazel(dot)de>
To: Bruce Momjian <bruce(at)momjian(dot)us>
Cc: pgsql-hackers(at)lists(dot)postgresql(dot)org, "Tsunakawa, Takayuki" <tsunakawa(dot)takay(at)jp(dot)fujitsu(dot)com>, Alvaro Herrera <alvherre(at)2ndquadrant(dot)com>, David Fetter <david(at)fetter(dot)org>, 'Craig Ringer' <craig(at)2ndquadrant(dot)com>
Subject: Re: How can we submit code patches that implement our (pending) patents?
Date: 2018-07-23 14:32:34
Message-ID: 20180723143234.u64auwyk327m5tqd@alap3.anarazel.de
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On 2018-07-23 10:27:10 -0400, Bruce Momjian wrote:
> On Mon, Jul 23, 2018 at 07:08:32AM -0700, Andres Freund wrote:
> > On 2018-07-23 09:56:47 -0400, Bruce Momjian wrote:
> > > They can say whatever they want, but if they are bankrupt, what they say
> > > doesn't matter much. My guess is that they would have to give their
> > > patents to some legal entity that owns them so it is shielded from
> > > bankrupcy.
> >
> > Huh? Bancruptcy doesn't simply invalidate licenses which successors then
> > can ignore. By that logic a license to use the code, like the PG
> > license, would be just as ineffectual
>
> You are not thinking this through.

Err.

> It depends if the patent owner retains some un-released/un-shared
> rights to the patent, e.g. patent can only be used by others in
> GPL-licensed code.

Please point me to any sort of reference that bancruptcy simply
terminates perpetual irrevocable license agreements; that's simply not
the case afaik. Even if the patent rights are liquidated, the new owner
would be bound by the terms.

Also, as I pointed out above, how would the same not be applicable to
the code itself?

Greetings,

Andres Freund

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