[Insight-users] patented segmentation methods - fuzzy connected components and active shape models

[Luis Ibanez]

Hi Ken,


A patent reserves to the patent holder the exclusive rights to:

         1) Use   X
         2) Make  X
         3) Sell  X
         4) Offer X for sell
         5) Import X


Where X the item covered by the patent.

In this case, if you "use" the algorithm without permission,
you are infringing on one of the exclusive rights of the patent
holder.

You can however, distribute the source code, because the source
code is not "the idea" covered by the patent, but the "expression
of that idea", which is only protected by copyright.

Copy and distribution are exclusive rights reserved for
copyright holders. In this case, the copyright holder of
the source code in the "Insight/Patented" directory is the
Insight Software Consortium, who already have assigned an
OSI-approved BSD license to you (and everybody else).


You can't create an executable without permission from the
patent holder, because that is "making" one such device, and
"making" is and exclusive right reserved to the patent holder.


Academic use of a patented device *is not* excluded from the
requirements of obtaining a license. See the Wiki page and
decision of the US Supreme Court in the case of Madey vs Duke
University:


      http://www.itk.org/Wiki/ITK_Patent_Bazaar


   Note also that US patents are only valid in the US.


Therefore, if you are not in the US and plan to use the algorithm
you may not be required to obtain permission from the US patent holder.
Note that you may want to be careful with international treaties that
your country may have signed with the US in that regard.


To summarize:

1) No, you can't use the algorithm without permission

2) Yes, you can copy the source code and distribute it

3) No, you can't create an executable without permission

4) Yes, you can distribute an executable without permission
    as long as you don't sell it, offer it for sale or import
    it. However this is pointless, since numeral (3) makes
    impossible for you to make that executable anyways.




  One more example on how Intellectual Monopolies such as
  Patents and Copyright obstruct the progress of science
  and technology.



     Regards,



         Luis



-----------------
Ken Urish wrote:
> Im interested in using active shape models and fuzzy connected
> components in the patented directory. Im glad the code is included
> with toolkit, but I am confused on the limitations of patented code in
> an open source toolkit. More specifically:
> 
> 1) Can I use the code to publish in an academic setting?
> 
> 2) Can I distribute the source code and an executable program to the
> academic community assuming I distribute it freely?
> 
> Thanks
> --Ken--
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