Policy on BUILD_PATENTED

[Sam Kuper]

On Mon, Aug 10, 2020 at 09:36:08AM +0100, Mauro Mozzarelli wrote:
> If there is a minority who is unable to use parts of this software,

Worth considering: do we know for sure that it's a minority?  And is it
even relevant whether it is a minority or a majority, as long as we know
that some developers and some users do live or work in jurisdictions
where software patents are litigiously upheld?


> we can make it easy for that minority to be able to strip those
> software components (or they can propose and implement changes that
> achieve that themselves), but in no way limit or prevent everyone from
> making use of it.

IIUC, you are suggesting the creation of a new package repository
through which OpenWRT devs who are based in countries (e.g.  EU
countries) that don't uphold software patents could distribute
patent-encumbered software.

Users would then be able to decide whether or not to enable that repo.

This would be a *little* like Debian's "non-free" repository, insofar as
it separates some packages into a different repository than usual
(Debian's default repo is called "main") based on their legal status:
https://www.debian.org/doc/debian-policy/ch-archive#s-non-free .   I
emphasised "little" in the previous sentence because Debian's non-free
repo was based on copyright (not patents), whereas your proposal AIUI is
based on patents (not copyright).  See, e.g.:

    On Mon, Jul 11, 2005 at 11:10:57AM +0100, Daniel James wrote:
    > [..] As a short-term measure, I suggest that the xmms package in
    > Debian is split into xmms and xmms-mpg123 with the latter package
    > moving to non-free. I have cc'd the maintainers of the xmms
    > package in Debian.

    This is generally not regarded as an appropriate use of non-free;
    patent-encumbered works cause problems whether they're shipped in
    non-free or in main.  [..]

    Steve Langasek

    Source: https://lists.debian.org/debian-legal/2005/07/msg00082.html

To me, as an OpenWRT user, your proposal seems reasonable, but IANAL.
It would seem wise for OpenWRT devs to seek advice on the proposal, from
SPI and/or SFC.

Best wishes,

Sam

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