[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

RE: RAR under linux: any alternative?

> From: John Hasler [mailto:jhasler@debian.org]
> Sent: Friday, December 16, 2005 11:58 AM


> I have no doubt that Debian contains hundreds of potential
> infringements of IBM patents.

That wouldn't surprise me.  If someone violates your patent and you fail
to defend it in any meaningful way,  you are considered to have
abandoned the patent and it becomes effectively void.  Defending it can
be as simple as sending an infringing party a letter demanding that they
cease and desist from infringing on the patent.

IANAL, but have some familiarity with the process because I have a
number of patents.  From the practical viewpoint, the fact that someone
has legally abandoned their patent and would not prevail in court does
not stop them from suing anyone.  Patent suits are _extremely_
expensive, and unless you have very deep pockets, most organizations are
compelled to settle even if there is no legal basis for the suit.  Even
if they _do_ have the resources to see it through and win, many
companies will make a business decision to settle a patent suit that
does not impact them in some horribly way on the advice of their

My non-lawyer understanding is that for all intents and purposes, if a
patent is widely ignored and the patent owner neither warns the
infringers nor initiates legal action against any of them, you are
pretty safe doing what everyone else is doing.  If the infringement is
in "broad daylight", and not obscure and hidden, so much the better.


Seth Goodman

Reply to: