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Date:      Thu, 10 Feb 2000 14:38:08 -0700 (MST)
From:      Brett Glass <brett@lariat.org>
To:        chat@freebsd.org
Subject:   RTLinux Patent
Message-ID:  <200002102138.OAA03354@lariat.lariat.org>

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In case folks on the list haven't heard yet, one of the developers
of RTLinux claims to have *patented* a fairly generic (and
probably not original) scheme for placing a real time kernel
underneath a non-real-time OS. What's more outrageous still is 
what he says about licensing. The "inventor," Victor Yodaiken, 
says:

  What you should think of the patent depends on who you are. If 
  you are an RTLinux user, or even if you use some other version 
  of realtime Linux, then you should be thrilled that there is some 
  legal protection for using the system royalty free and you should 
  send me some money to help me pay the extensive legal fees involved.

  If you want to use my idea for a non-Linux or non open project, 
  you should think about how to pay.

In short, this person intends to use the patent to torpedo both
closed source AND open source real-time operating system
implementations other than Linux derivatives. He has indicated
that he will demand royalties from anyone who releases a non-GPLed
product -- open source or not -- which he believes to infringe 
upon the patent.

Ironically, the techniques mentioned in the patent appear to
have been used by Intel in its real time layer for Windows,
as well as in IBM's VM/CMS. Thus, the patent may be
invalidated. But is it a harbinger of things to come? Will
other adherents of the GPL attempt to use patents to
force  the BSDs to adopt their license -- preventing
the BSDs from serving as a developer-friendly alternative?

For more information, see:

http://lwn.net/2000/0210/a/vy-patent.html (Message from the "inventor")
http://www.patents.ibm.com/details?&pn=US05995745__ (The patent)
http://lwn.net/2000/0210/ (Linux Weekly News article)

--Brett Glass

P.S. -- Brett and Chris: Feel free to repost on Daemon Daily
News if you'd like.



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