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Re: MP3 decoder packaged with XMMS

On 7/19/05, Daniel James <daniel@64studio.com> wrote:
> Hi Raul,
> > "avoiding distribution of software to avoid potential
> > but as yet non-existent challenges"
> To describe patent lawsuits as a non-existent challenge seems a little
> optimistic to me. If it were so, there would have been no point to
> the recent campaign in Europe.
> Basing estimates of which patents will be enforced and which will not
> on recent actions is also unreliable - a patent holder can strike at
> any time if it gets the impression that there's money to be made.

Unfortunately, yes.

That said, the patent holder doesn't have to have a patent covering
the technology in question to challenge people using technology
described their claims.  All that's required is that they not be obviously 

One way of addressing this (either before or after it becomes a court
issue) involves documenting prior art (Ogg Vorbis has been very 
meticulous about this, though other approaches are also possible).  
This doesn't prevent any such challenges, but it weakens them, 



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