[Interest] anti-Tivo - was The willy-nilly deletion of convenience, , methods

[Roland Hughes]

On 3/24/21 6:00 AM, Benjamin TERRIER wrote:
> On Wed, 24 Mar 2021 at 10:40, Konrad Rosenbaum<konrad at 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
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