[linux-dvb] Re: CAM's and legal stuff

[Peter Maersk-Moller <Peter@maersk-moller.net>]

Hi

"Bläser, Lars" wrote:
> > AFAIK SoftCAM _can_ be used with an official smart card, but
> > you can also
> > run it without one - and that's where it becomes illegal.
> thats no question, but the Softcam itself is imho illeagal (the patent
> holders of encrytion mechanism will agree here for shure)

but only if the patent is applied for AND granted (or will be) in the country
of usage AND the patent is actually valid AND will hold up in court.

We don't have that substantial evidence that EPO's current practise
wrt. to software patents is actully legal - on the contrary - otherwise
there is little reason to change the patent laws of Europe
as proposed by the Commission.

By the way, accoding to many national patent laws, private royalty free usage
of patent is legal. Distribution of binaries containing patented software, for
free or for a fee, without paying royalty is usually not. Distributing
Source seems legal.

--PMM


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