Re: Software Patents (was Re: Initial Proposal to solve this non-US issue)
john@dhh.gt.org <john@dhh.gt.org> wrote:
> If my program does not infringe any patents then it does not infringe
> any patents.
If you've not been informed that your program does not infringe on
any patents that does not mean that it does not infringe on any
patents.
> It absurd to say that publishing a program that does not infringe any
> patents is illegal just because the publisher is not certain of that
> at the time of publication.
>
> Publishing a program or selling a device is a bit of a gamble in that
> one cannot be certain that it does not infringe any as yet unpublished
> patents, but it is not illegal. The risk is pretty much limited to
> the possibility that you may be ordered to take your product off the
> market.
That's one issue.
Another issue is that the U.S. Patent Office, in its infinite wisdom,
lets people patent existing technology (most software patents are issued
in spite of well published prior art).
Another issue is that, at least in the U.S., if a patent holder declares
that you have infringed their patent you are guilty until you prove
yourself innocent. In other words, if you fail to find that prior
art you're breaking the law.
A final issue is that patent searches are:
(a) unreliable
(b) rather limited in scope, and
(c) expensive.
While we're on this subject, I'd like to
recommend you read what Bruce has to say:
http://www.linuxworld.com/linuxworld/lw-1998-11/lw-11-thesource.html
--
Raul
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