Re: Software Patents: The Lowest Common Denominator

[Jeff Waugh <jdub perkypants org>]

<quote who="Alan Horkan">

> In an effort to let developers do what they do best and get on with
> developing software [2] so I would like to propose a standard build flag
> which could be used to fence off code that could be effected by software
> patents.

A few mostly rhetorical questions:

  Are you violating the patent by implementing it with code, or by building
  it into a binary (and then distributing it)? I would be hard pressed to
  agree if you suggested the latter.

  Violating a patent with knowledge and intent is generally punished more
  ferociously than doing so unwittingly. In some jurisdictions, it amounts
  to triple damages. A "--unencumbered" build flag would clearly demonstrate
  knowledge and intent in the implementation.

  Would the absence of this build flag deny our ability to efficiently draw
  lines thicker than one pixel on the screen [1], or just the ones we're
  *really* worried about (please provide definition for real worry)?

- Jeff

[1] http://www.forbes.com/asap/2002/0624/044.html

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