Re: How can we submit code patches that implement our (pending) patents?

From: Nico Williams <nico(at)cryptonector(dot)com>
To: Bruce Momjian <bruce(at)momjian(dot)us>
Cc: Andres Freund <andres(at)anarazel(dot)de>, David Fetter <david(at)fetter(dot)org>, pgsql-hackers(at)lists(dot)postgresql(dot)org, "Tsunakawa, Takayuki" <tsunakawa(dot)takay(at)jp(dot)fujitsu(dot)com>, Alvaro Herrera <alvherre(at)2ndquadrant(dot)com>, 'Craig Ringer' <craig(at)2ndquadrant(dot)com>
Subject: Re: How can we submit code patches that implement our (pending) patents?
Date: 2018-07-23 19:10:17
Message-ID: 20180723191016.GF5695@localhost
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On Mon, Jul 23, 2018 at 01:12:49PM -0400, Bruce Momjian wrote:
> On Mon, Jul 23, 2018 at 11:37:05AM -0500, Nico Williams wrote:
> > On Mon, Jul 23, 2018 at 11:40:41AM -0400, Bruce Momjian wrote:
> > > Sun Microsystems seemed reasonably trustworthy too.
> >
> > Are there patent grants from Sun that Oracle has attempted to renege on?
> > Are there court cases about that? Links?
>
> No, but I bet there are things Oracle is doing that no one at Sun
> expected to be done, and users who relied on Sun didn't expect to be
> done.

There are questions that the PG core needs help with and which IP
lawyers are needed to answer. There are also business questions,
because sure, even if a patent owner makes an acceptable grant, how fast
and cheaply you could get a lawsuit by them dismissed on the basis of
that grant is a business consideration.

We, the non-lawyer PG community, can give input such as that which I've
contributed:

- I won't read/modify source code involving patents whose grants are
not as wide as X

- the PG core needs advice from IP lawyers

- patents placed in the public domain surely are safe for PG

- there must be patent grant language acceptable to PG

Just merely "but they could do something bad!" from us non-lawyers is
not very good advice. Already PG incurs the risk that its contributors
could act in bad faith. For example, a contributor's employer might sue
PG under copyright and/or trade secrecy law claiming the contribution
was not authorized (this is why some open source projects require
contributor agreements).

Nico
--

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