On 3/24/21 6:00 AM, Benjamin TERRIER wrote:
On Wed, 24 Mar 2021 at 10:40, Konrad Rosenbaum<kon...@silmor.de> wrote:
It is possible to use software with an anti-tivo license in critical
systems, it just requires you to use your brain before deploying it in
your device. Question is whether you wouldn't want to use something else
anyway, because you need hard, certified real time capabilities.
Also the anti-tivo clauses of the GPLv3/LGPLv3 are only about "User
Products":
A "User Product" is either (1) a "consumer product", which means any
tangible personal property which is normally used for personal, family,
or household purposes, or (2) anything designed or sold for incorporation
into a dwelling.
So most industry products are left untouched by the anti-tivo clauses.
People with chronic health conditions buy the same patient monitors sold
to hospitals. Many buy the infusion pump and fanny pack when they start
an infusion therapy or the insurance company just buys it for them. At
some point the rental/lease fees exceed the cost of them bought in bulk.
Heck, my mom has got a $5000 bone stimulator that Medicare bought for
her when she broke her arm. She only needed it for N-weeks but it is
cheaper for Medicare to purchase them than to lease it appears. Maybe
the manufacturer doesn't have a leasing option?
All of these things blur the line and fall victim to anti-tivo because
(AFIK) it doesn't have a specific "Class I, II, III and any future
higher classes of medical devices are excluded" clause. At least that is
the answer the legal team for every medical device maker I've worked for
gives us.
Life would be awesome if all of these licenses explicitly had that
exclusion.
It would be almost as good if some case went to the Supreme Court and it
delivered a unanimous decision that medical and safety devices were
excluded from said licensing clauses, OpenSource or otherwise.
--
Roland Hughes, President
Logikal Solutions
(630)-205-1593
http://www.theminimumyouneedtoknow.com
http://www.infiniteexposure.net
http://www.johnsmith-book.com
http://www.logikalblog.com
http://www.interestingauthors.com/blog
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