DrupalCon Prague 2013

Las patentes y la licencia GPL ¿barreras u oportunidades para las empresas?

Mikko Välimäki  · 


Extracto de la transcripción automática del vídeo realizada por YouTube.

so good morning everybody I think it's a 15 to 11 and we can start thank you for everyone coming to this room I understand this is a busy event there's a lot of people here a lot of interesting sessions I also want to thank yon the color from X of

a who invited me here into this event and I'm very happy to be be around and have this short talk so I was asked to talk about legal issues today and about the interaction between legal stuff and business stuff and that's what I'm going to talk

about I have two main topics here you have them here I'm talking about GPL license how does that affect business and I'm talking about patterns just to two issues here today something my background first so I'm actually not part of this community

like I believe most of you guys are this is my first time in a Drupal event I'm really surprised how big these communities and how active it seems to be I've been working with the many open-source projects in the past not just with Drupal I started

like over 10 years ago as a consultant maybe the first project icon solid was a MySQL database back then there was no company even for the project late 1990s I have my own companies as well I've done database applications music these streaming services

latest company I'm having for the last almost five years already it's called took Sarah this talk is not an advertisement of talks are in any way and what I do in these companies is not related to Drupal also but it's a software company we do file

system software Linux system software based on open source and now we are doing it in a commercial fashion and we have to also in our company took Sarah we have to deal with GPL and patterns every day and we have to figure out how can we use this licensing

and patent stuff as our benefit and not not as the limit for our business so okay many things I talk about today may not exactly apply apply in your context and your situation and you hope understand that I'm coming from different background but also hopefully

i can offer you some new perspectives okay let's start that was the disclaimer there's two part of my presentation first is kind of the challenges part and then there's the opportunities part challenges what challenges you have with GPL and patterns

here you have it GPL license version 2 section 2 B you probably all have heard about this maybe some of you have even read this part from the license the wording is a little bit different tip universe and tree but the principle is the same it's called

copy left you must go see any work that you distribute published that in whole or in part contest or is derived from the program or any part thereof the license as a whole at no charge free of charge well third parties under the terms of the license what does

this mean can you do software business anymore of course if you develop a website you know with most likely doesn't affect you you are not doing traditional software however if you think about the possible business impossible things you could do for example

with with the Drupal this certainly does affect what you can do if you want to make a business out of what you do you can start just you know closed-source Drupal make some extension start selling the whole thing it's against GPL you have to take a little

bit deeper and figure out how to how to get away from this limitation if this is the limitation for your business but this is really important part is the key part of GP Eliza's and it affects everybody working with GPS software including everybody working

working with drupal one more thing I'd like to say about the GPL versus tree I understand RuPaul is license with GPL versus two person two or later so you can choose if you want to have GPL version 2 or person tree if you have the choice or you need to

make a choice in some context how I see licensing in this let's say IT industry in general many companies have internal policies against GPL version 3 is not good for them many companies today and I believe in the future I don't think JPL vs. version

tree has been a great success from business perspective for many communities and community developers it is probably very much good and okay but let's say the big businesses have been very careful in adopting GPL version 3 so if you have a customer asking

what version of GPL this thing has been licensed with you make a local installation for your customer most likely used to dance too cheap your version too if you don't know what to answer that's at least what I would say cheaper version tree can be

can be seen as soon as a trade another major challenge here is a 1 a patent document retrieve it from a European Patent database there's a lot of patterns you have probably heard about them read about them on online and maybe sometimes even bumped your

patent claim Italian thread these particular pattern there's millions of them you can see the number somewhere application number it counts in millions these days tens of millions these days date of filing 90 for a long time ago common names based for

long and short filenames this is one of those almost legendary 80 fat file system patterns this is a really valuable pattern this pattern has been litigated many many times in course it has been found valid Microsoft has been litigating against a lot of these

android phone manufacturers based on this pattern and they have been successful a lot of patterns like that in very many different areas of IT you can you can browse the parent databases commentaries on them a lot of blogs right about these patterns and yeah

you should be aware patterns exist and sometimes they may actually bump into what you are doing and actually okay little bit about what we do in our companies that we are actually working in this particle of file system context and these kind of parents are

really important for our business we have to take care care about these patterns the good news is that you can you can you can work still even if parents do exist you just have to contact the patent owner and figure something out okay one more thing about

these patterns is that them there's been this ongoing debate in division in Europe about software patterns and especially many community developers have been thinking that ok patterns don't exist in Europe but this is not true it absolutely is not

true basically the same patterns that are valid in the US have been you know also successfully litigated in European course this is one example this fat pattern this is exactly the same patent registered in the United States and in Europe litigated in the

United States and in Europe and successfully enforced in both places okay one more challenge ahead maybe you have patterns ahead if you do business and become successful oh there's a lot of text here this is what gps says about patterns but this might

be also relevant from t plus version to the main point here is that the you know the couple left suppose you can charge anything and you have to be able to distribute it for everybody if there are patterns GPL version 2 says GPL version 3 goes even a little

bit further cheaper version 2 says you can be stably suffer anymore if there are patterns which are out there and somebody asked royalties for those if as a consequence even somebody alleges patent infringement conditions are imposed on you some Prius royalties

that contradict the conditions in this GPL license meaning totally free redistribution somebody as patent royalties they do not excuse you from GPL and as a consequence you may not distribute the program this cheap your program at all somebody comes out and

says hey Drupal inferences 10 of our patterns they are here we are throughout this for this does it mean your Drupal business is over you read this text maybe this is a this is a valid concern maybe it's a valid concern just one example here a company

that there are many of these that I just go boldly where they they want to go to has anybody here heard of this yola company all the fiends have heard panocha understand that not not many other other other guys have heard about it so back in the day there

was this company called nokia in finland and they were developing a linux-based operating system for their phones called me go they canceled a couple years ago switch to Microsoft Windows and now the whole business has been sold to Microsoft but when they

were still strong they david lee no space to operating system they canceled that and the guys who were developing in front of their own company called yola and actually now they plan to publish the first yola phone end of this year so just the company order

to blue a couple of guys they want to start selling a new mobile phone based in a new little space platform this is a bold move if you think how many patterns you have in telecommunication six or and how many patterns you have affecting phones you just think

about all these android lawsuits out there ok hello again a lot of text here some of the news releases i just found online and copied here this guy who am i I don't think he actually is anymore to CEO but he was to see you at some point of the company

and he said hey this is your living space phone we're gonna sell it to everybody all over the world it's a very good choice for manufacture if you want to brand it as your own phone because we are not the affected of these patterns we are based on

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