RE: [boost] Re: Boost License Issues

From: Paul A. Bristow (boost_at_[hidden])
Date: 2002-11-28 09:55:04

> -----Original Message-----
> From: boost-bounces_at_[hidden]
> [mailto:boost-bounces_at_[hidden]]On Behalf Of David B. Held
>
> I think the problem is that the entire clause can be viewed as disclaiming
> warranties against patent infringement/copyright violation/etc.  The
> question is whether it is possible to protect both library authors and
> potential users.  I don't see where else the buck can get passed.  Perhaps
> a special clause that the software does not infringe on any known
> patents or copyrights, but comes with no other warranties?  I have no idea
> what the legal status of such claims are, however.
>
> Dave

In practice, Boost authors (and reviewers) will have made their best efforts to
ensure that they don't know of any patent infringement and/or copyright
violations. Perhaps we can say this without exposing the authors to too much
risk? (As David rightly observes, I am not worth suing!)

But ultimately, the user must surely assess and take the risk.  However, a
statement "not known to infringe copyright or patent" may help the user assess
the risk.

Paul

PS

As example of the morass we are in, I would like to submit a revised (by me for
C++) FFT algorithm (originally in C) which contains the following notes:

** NOTE: This routine uses at least 2 patented algorithms, and may be
**       under the restrictions of a bunch of different organizations.
**       Although I wrote it completely myself; it is kind of a derivative
**       of a routine I once authored and released under the GPL, so it
**       may fall under the free software foundation's restrictions;
**       it was worked on as a Stanford Univ project, so they claim
**       some rights to it; it was further optimized at work here, so
**       I think this company (Acuson?) claims parts of it.  The patents are
**       held by R. Bracewell (the FHT algorithm) and O. Buneman (the
**       trig generator), both at Stanford Univ.
**       If it were up to me, I'd say go do whatever you want with it;
**       but it would be polite to give credit to the following people
**       if you use this anywhere:
**           Euler     - probable inventor of the Fourier transform.
**           Gauss     - probable inventor of the FFT.
**           Hartley   - probable inventor of the Hartley transform.
**           Buneman   - for a really cool trig generator
**           Mayer(me) - for authoring this particular version and
**                       including all the optimizations in one package.
**       Thanks,
**       Ron Mayer; mayer_at_[hidden]

Not to mention, Cooley, Tukey and Bracewell!

And the patents have probably expired by now...