[openssl-dev] OCB patent stuff

[david.lloyd at fsmail.net]

> Why? We have an explicit licence enabling its use - so why shouldn't it
> be on?
> 
> Matt


You do, but I don't, and other users of OpenSSL don't either.  According to my legal advice at least - your Lawyer may disagree.  The linked pdf doesn't solve the problem apparently.

That there is an *issued* patent on the algorithm at all immediately makes it "controversial", and probably doomed to die.  Compare what the BBC did with the Dirac patents - the patent was publicly filed and then they explicitly let the application lapse without getting the patent issued within the timeframe.  Once a patent is actually issued, there is the always someone who is going to have a problem.

So the question is: Why did they pay for the Patent unless there is an intention to require Royalties?  Are you or OpenSSL going to going to pay my royalty fees and/or legal costs if I am found to be infringing on this known patent?

If you are not happy to be responsible for legal costs, then I recommend you disable it by default to avoid any such confusion...