Re: how can patents affect linux?
From: Bill Unruh (unruh_at_string.physics.ubc.ca)
Date: 08/07/04
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Date: 7 Aug 2004 01:29:48 GMT
ptb@oboe.it.uc3m.es (P.T. Breuer) writes:
]Bill Unruh <unruh@string.physics.ubc.ca> wrote:
]Everyone knows where the ideas in linux come from - the books, or other
]publications. There's no secret. And there's no IP infringement allegations
That is irrelevant in a patent dispute.
]against linux, instead there's a contract dispute against IBM that
No. there is a claim made by an organisation I have never heard of, that an
examination of the kernel disclosed 283 patents which might be used against
Linux. Noone has done so yet, but they might. (63 by IBM, 27 by Microsoft).
Now if it gets heavy, and if IBM is willing any attempt to slam Linux by
say Microsoft might well get a countersuit by IBM against MS for MS
infringment of IBM patents. Then after much huffing and puffing both
parties come to an amicable settlement.
And MS has problems, because a direct attack against Linux could trigger
reopening of the antitrust suit.
]started out as a copyright infringement claim hat got dropped. And the
]contract dispute will also be thrown out of court, because SCO never
]had the rights sold to it that it now says it thinks it has. And in
]any case if there were any patent infringing code, it would be removed
]and rewritten.
It is sometime hard to do. For example if the way of placing data into
packets to be sent through an ethernet card were to be patented and that
were necessary to satisfy the requirements of the IP protocol, then it
would be almost impossible to write around the patent. (Yes, this is a wild
hypothetical, but I hope it conveys the potential problems).
]Red herring. No patent dispute currently exists. If it did, it would
]either be challenged by IBM , RedHat, etc, or the code would be
]rewritten around it. Patents are either narrow enough to be written
]around or too broad to stand up when challenged.
Not quite. Some patents are actually valid and cannot be evaded if one is
to satisfy the standards.
For example, MS might have a patent which makes Samba impossible. If one
wanted interoperability with MS machines then the patent might be
unavoidable. (again a hypothetical).
]> ]You are a crazy alcoholic pookah, by the sound of this nonsensical
]> ]illogical incoherent post. Go away.
]>
]> ??? He is perfectly correct. Yes, you could be sued if you infringed a
]No he couldn't, because he would not be infringing. The user of software
]is not the infringer, in the event of a patent problem. He's an innocent
]thrid party to the dispute, like a bystander in a bomb blast.
Anyone who uses a patented process is infringing. There are no innocents.
And ignorance is no defense.
However the courts are highly unlikely to award damages against "innocent"
third parties, but could order them to cease using the patented
process/whatever.
]> patent by using it. Of course they would have to take you to court, and one
]> possible defence might be that the patent is invalid. You could also plead
]> in mitigation (but not defense) that you did not know the material was
]> patented and you relied on the supplier to have done due diligence befor
]> giving it to you.
]Following groklaw, are you?
]Peter
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