Re: [vorlon@netexpress.net: Re: Bug#181969: [mdadams@ece.uvic.ca: Re: JasPer licensing wrt Debian Linux]]

["Joe Moore" <joemoore@iegrec.org>]

Arnoud Engelfriet said:
> 35 US Code 271, section (c).
> http://www4.law.cornell.edu/uscode/35/271.html
>
> Whoever offers to sell or sells within the United States or
> imports into the United States a component of a patented
> machine, manufacture, combination or composition, or a material
> or apparatus for use in practicing a patented process,
> constituting a material part of the invention, knowing the same
> to be especially made or especially adapted for use in an
> infringement of such patent, and not a staple article or
> commodity of commerce suitable for substantial noninfringing
> use, shall be liable as a contributory infringer.

I'd say that a patent license for standards-compliant code is a substantial
noninfringing use, so the creator of the standards-compliant code should not
be liable as a contributory infringer.

Even if another party reuses that standards-compliant code in a
non-compliant and patent-infringing way.

--Joe