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Re: Patent clauses in licenses



On 2004-09-22 15:05:00 +0100 Michael Poole <mdpoole@troilus.org> wrote:

Is there a way to use patenting against itself?  For all the times I
have seen someone suggest that, I have yet to see a good way to do
that. [...]

I don't know patent law well enough to answer. I have mostly created literary works and performance works, which are covered by copyright and not patents here (for now). I suspect people used to ask "is there a way to use copyright against itself?"

[...] Reviewing patents yourself
opens the possibility of willful infringement if you are wrong about
what is covered.

Is the wilful infringement damage increase peculiar to the US?

(C) change the law so fewer issued patents cover software. [...]
(C) may be practical, and people are working to do that.  If they
succeed, most of the license termination clauses will have little or
no legal effect.

I'm not sure that's true for the "patent claim terminates copyright licence" case.

Similarly, why should copyright not be used to protect free software
use from gun abuse and nuclear technology abuse?
No one has tried. [...]

Are you sure? I think I've seen various field of use restrictions attempted.

--
MJR/slef    My Opinion Only and not of any group I know
 Creative copyleft computing - http://www.ttllp.co.uk/
LinuxExpo.org.uk village 6+7 Oct http://www.affs.org.uk



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