Re: MPlayer DFSG compatibility status
On Tue, Oct 07, 2003 at 08:52:34PM -0500, Steve Langasek wrote:
> Last I'd heard, "knowing infringement" in the US required the complicity
> of a patent lawyer, since mere mortals are no longer deemed qualified to
> judge for themselves whether a given usage is infringing. :P
As I understand it (which may be incorrect), we're deemed capable of
understand a patent and knowingly infringing upon it, but not capable of
knowing if we're not infringing without a lawyer. That's how we end up in
the situation that simply reading patents results in higher liability.
Convenient arrangement.
> In which case, we know only that someone has *claimed* (out of court)
> that ASF is covered by Microsoft patents. I haven't seen any of the
> patents (and I'm not looking). You?
In any case, it doesn't matter whether we "know" we're infringing or not;
liability is only decreased if you're unknowing, not eliminated.
I think the only interesting question is whether a phone call from a
non-legal Microsoft employee is enough for Debian to count the patent
as enforced.
--
Glenn Maynard
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