News flash: [Updated Sept. 17, 2001] the Free Software Foundation (FSF) today asserted that the so-called RTLinux open patent license violates the GPL. In a press release dated today, the FSF says “Victor Yodaiken, CEO of FSMLabs (who distribute RTLinux), has used a patent license to impose restricted terms on distribution of a GPL-covered program. The FSF is opposed to software patents, and in addition believes that Yodaiken's patent license violates the GPL of the kernel named Linux.”

Additionally, the FSF issued the following statement . . .

Software patents are a harmful government policy of creating monopolies that restrict computer users. (See www.programming-freedom.org and www.noepatents.org). We oppose this policy, and we think it is a shame that Victor Yodaiken has chosen to obtain a patent for an idea that we believe should not be, and is not, patentable. The patent covers real-time interrupt handling using a software emulation layer for interrupt masking, so that interrupts can be prioritized. There is significant prior art for this.

But, even worse, Yodaiken has attempted to use the patent to impose restrictive terms on a GPL-covered program (Linux, the kernel used in the GNU/Linux operating system). These terms conflict with the GNU General Public License, and imposing them is a violation of the GPL. We have told Yodaiken this, and we have told him what license terms would comply with GPL. He, like everyone, has the reponsibility to comply with the GPL or cease his infringing distribution. Anyone else redistributing a modified version of Linux under the restrictive patent license that Yodaiken uses will also be violating the GPL.

It is up to the copyright holders of Linux to enforce the GNU GPL for their code. The FSF is not one of them; we have never been involved in developing Linux, the kernel. The FSF holds the copyright for a number of other major components of the GNU/Linux operating system, but those programs are not involved in this issue. So the FSF is not a party to this issue in a legal sense.

However, we have told Yodaiken that if he remains in violation of the GPL, we may well choose to support efforts by other companies to invalidate Yodaiken's patent in the courts, and we may also support actions taken by others to uphold the GPL.

Copyright (C) 2001 Free Software Foundation Verbatim copying and distribution of this entire article are permitted in any medium without royalty provide the copyright notice and this notice are preserved.

 
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