Yes: KSplice had software patents - Oracle bought them. And everyone knows what Oracle is like with software patents: aggressive!
I'm not clear what they actually cover, and can't look them up right now, but I'd thought they were specific on how KSplice in particular operates, both applying hotpatches and analysing the source to create them. I don't know whether they'd apply to anything else, or whether there is prior art, but they're an obvious landmine to be aware of and to avoid. So a simple fork wouldn't do unless it'd change the way it actually worked. A fresh approach was needed, and we seem to have two fresh approaches here.
I'm trusting they've been avoided here. They probably have, as this is much more general? The concept of hot patches are of course fine, people have been doing that for decades, and you can't patent concepts.
The lesson here: please don't patent stuff jn your open-source software, in case you wake up one day and got acquihired by Evil™.
OK, I've now looked up the Ksplice patents that I know of. (I may not have found them all, but I think I probably have?) Here be dragons! (Those who are ordered not to read patents: Don't click on the links in this post.)
Of course the time they were granted (to Oracle, after Ksplice were bought) the applications became nigh-impenetrable patentese that really need a US-qualified patent attorney to interpret, so I'm absolutely not going to try and I'm just going to post what I found here.
I'm not clear what they actually cover, and can't look them up right now, but I'd thought they were specific on how KSplice in particular operates, both applying hotpatches and analysing the source to create them. I don't know whether they'd apply to anything else, or whether there is prior art, but they're an obvious landmine to be aware of and to avoid. So a simple fork wouldn't do unless it'd change the way it actually worked. A fresh approach was needed, and we seem to have two fresh approaches here.
I'm trusting they've been avoided here. They probably have, as this is much more general? The concept of hot patches are of course fine, people have been doing that for decades, and you can't patent concepts.
The lesson here: please don't patent stuff jn your open-source software, in case you wake up one day and got acquihired by Evil™.