Re: Patent warning about the Greenplum source code

From: Bruce Momjian <bruce(at)momjian(dot)us>
To: Josh Berkus <josh(at)agliodbs(dot)com>
Cc: PostgreSQL-development <pgsql-hackers(at)postgreSQL(dot)org>
Subject: Re: Patent warning about the Greenplum source code
Date: 2015-11-02 02:37:19
Message-ID: 20151102023719.GD5844@momjian.us
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On Sun, Nov 1, 2015 at 12:12:48PM -0800, Josh Berkus wrote:
> Do let me point out that *code* isn't patented. *techniques* are. So
> those techniques are patented whether or not you read the code. It's
> just that if you read the code, copy the technique directly, and put it
> in Postgres, that's considered "willful" instead of "innocent"
> infringement and the penalties are different. Its effect on our project
> is the same, though: we have to rip out the code in a hurry.
>
> Maybe we should just relicense PostgreSQL as Apache and cover all of the
> patent issues ;-)

LOL, but the existing Apache 2.0 license doesn't extend the patent grant
to derived works, including closed source ones, so that would not seem to
help. If it did extend to all derived works, the patents would be
unenforceable.

> >>> Of course, never mention known-patented ideas in any community forum,
> >>> including this email list.
> >>
> >> I just found out that Citus Data has patent applications pending, so
> >> viewing Citus Data source code has the same problems as Greenplum.
> >
> > Actually, it might only be their closed source software that contains
> > patents, i.e. not pg_shard. I will check and report back when I can
> > unless someone else reports here first.
>
> I will ask Citus Data for an official statement. I will point out that
> cstore_fdw is Apache-licensed, which also contains a patent grant.

Good point. So we have CitusDB, cstore_fdw, and pg_shared, the later
two are open source. Ideally only the closed source CitusDB implements
patented ideas they own.

Let me add that this is more than hypothetical. While we don't think
any of these companies would sue the community for patent infringement,
they could sue users, and the company could be bought by a sinister
company that could enforce those patents. For example, few had problems
with Sun's control over Java, but when Oracle bought Sun, more people
were concerned. Someone could buy the company _just_ to sue for patent
infringement --- happens all the time.

--
Bruce Momjian <bruce(at)momjian(dot)us> http://momjian.us
EnterpriseDB http://enterprisedb.com

+ As you are, so once was I. As I am, so you will be. +
+ Roman grave inscription +

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