Re: Software Patents: The Lowest Common Denominator

On Sun, 2005-07-17 at 13:41 +1000, Jeff Waugh wrote:
> 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.

The directive that was shot down by the European Parliament would have
made publication an infringement, so this work-around would be an
infringement in Europe, had it passed.

>   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.

And soon criminal charges (a new directive coming in from your's truly
the European Commission). Yes, for patent infringement too.


+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

Please AVOID sending me WORD, EXCEL or POWERPOINT attachments.

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