Questions that need answering
Posted Dec 6, 2006 18:33 UTC (Wed) by
pizza (subscriber, #46)
In reply to:
Questions that need answering by NigelK
Parent article:
Of hypocrisy and the FSF (Libervis)
> If those 27 patents are invalid, then all the criticism (especially levelled by Groklaw) directed towards Novell recently will have been validated. Also, there's no possible danger resulting from reading invalid patents. Of course, that would put Pamela Jones in a tight spot as it would show that OSRM was blowing smoke and spreading FUD whilst she was working for them.
The only way those patents will become "invalid" is if they are challenged; either in court or through the administrative reveiw process. Either way, it takes a fair amount of time and money.
> So, let's sort this out once and for all, and publish the numbers of those 27 Microsoft patents.
This means that *every* user and distributer of Linux will be potentially liable for treble damages immediately, whether or not the patent is "valid." It is this very reason that corporate lawyers everywhere tell their R&D departments to not do patent searches, as if they're later found to be infringing, it's enough for it to be considered "willful" and kick in said treble damages.
You are demonstrating a distinct lack of knowledge in how the Patent system really works; you are confusing "moral" and "legal".
You are also letting your dislike of Pamela Jones cloud your judgement.
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