Re: openssl

[Toni Mueller <openbsd-misc_(_at_)_oeko_(_dot_)_net>]

Hello,


On Tue, Sep 24, 2002 at 09:30:35AM +1000, Darren Reed wrote:
> In some mail from Theo de Raadt, sie said:
> > it means that OpenSSL is becoming a non-free software project, because
> > the code from Sun contains licenses which invoke patent litigation;
> > the licence on the new code basically builds a contract that says "if
> > you use this code, you cannot sue Sun".

> Maybe my view on this is a tad too simplistic, not having read the
> new T&C's of the ECC donation from Sun, but if the code says you
> cannot take legal action against Sun over the code, how is that
> creating more work for the legal industry in the future beyond what
> would already be there ?

please make an effort and read the thread on MARC Theo has
thankfully pointed to, and take the source code and read it,
too.

As I understand it, someone has granted SUN one or more patents
on ECC. Now, if you want to use the code, you have two options:
- buy from SUN
- use OpenSSL

We're only talking about the second option here. Using OpenSSL
w/o accepting SUN's license means that you are infringing on
their patent. That way, SUN has the right to sue you. Now,
if you don't want to be sued by SUN, you may opt for indemnifying
SUN so you can use the code "unharmed". The side effect is that
you just told SUN that you indemnify them, so they can act in any
way they like and you can't do anything about it, even if it
ruins you. (So far for my layman's understanding of the verbiage
and the discussion around it).

The foremost effect is that if you use their patented code,
then SUN automatically acquires the right to use any code
you may have patented royalty-free.


Hope that's somewhere near "right".



Best,
--Toni++