[Mageia-dev] Mirror layout : Why validate software patents ?

[andre999]

We have a proposal to add an optional set of respositories for packages 
subject to software patents - or at least, seem to be at risk of civil 
pursuits in some countries, based on supposed violation of software patents.

As we know, the suggested name for these repositories is "tainted".
Some suggested that a negative name would denigrate the quality of the 
software contained, so another name should be chosen.  Myself included.

Then some bright individual suggested that this was equivalent to 
debating the colour to paint a bike shed.

Which got me thinking.

Suppose some company claimed a patent against the rpm data format. 
(Presumably targeting RedHat.)
So we transfer all rpm-related programs (rpdrake, urpmi, etc) into the 
"tainted" repository.

But wait a minute !

By presenting a special set of repositories for patent-affected 
software, we could be seen as justifying these patent sharks.
In their minds, why else would be accommodate them ?

Ok, I think, how many other distros have such repositories.  According 
to comments on the list : none.
So why are we breaking this ground for the patent sharks ?
How many distros have been sued for patent violation ?
Besides the SCO/Novell fiasco, it seems none.
How many distro mirror sites have been affected by carrying 
patent-threatened software ?
To my knowledge : none.
And what happens if there is a patent pursuit against Mageia or it's 
mirrors ?
Even if we have a separate repository, the package in question might end 
up being withdrawn.  But it seems doubtful that one would want to 
withdraw all potentially threatened packages.
(That would be a big victory for patent sharks.)

Thinking further, what reaction have we from potential mirror sites ?
One such site administrator expressed opposition to the extra complexity 
of the optional nature of these repositories.
No report of anyone wanting to have an official mirror, that wanted such 
repositories.
So we don't seem to have any practical reason to have such a repository.

So the question remains : Why validate software patents ?

Something to consider.

- André