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.
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
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.
** Ron Mayer; mayer_at_[hidden]
Not to mention, Cooley, Tukey and Bracewell!
And the patents have probably expired by now...
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