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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