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Re: Software Patents (was Re: Initial Proposal to solve this non-US issue)



Raul writes:
> Another issue is that, at least in the U.S., if a patent holder declares
> that you have infringed their patent...

They can declare away to beat the band, but nothing happens until they file
suit.

> ...you are guilty until you prove yourself innocent.

Not guilty, liable.  Not the same at all.  And there is no presumption of
liability.  A civil case is decided on preponderance of evidence, but there
must be evidence.

> In other words, if you fail to find that prior art you're breaking the
> law.

No, you are committing a tortious act.  Different.

> (a) unreliable

Yes.

> (b) rather limited in scope, and

Yes.

> (c) expensive.

Do your own search.  You'll do just as well or better than the
"professionals".
-- 
John Hasler                This posting is in the public domain.
john@dhh.gt.org		   Do with it what you will.
Dancing Horse Hill         Make money from it if you can; I don't mind.
Elmwood, Wisconsin         Do not send email advertisements to this address.


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