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VFAT patent avoidance and patent workarounds

VFAT patent avoidance and patent workarounds

Posted Jun 30, 2009 17:09 UTC (Tue) by drag (subscriber, #31333)
In reply to: VFAT patent avoidance and patent workarounds by bokr
Parent article: VFAT patent avoidance and patent workarounds

It's not up to you to make those sort of decisions wheither or not patents in their current form are constitutional or not.

It's up to the supreme court and they ruled some years ago in a manner that is interpreted as allowing software patents.

Currently in order to get something declared unconsitutional you'd have to get into a patent case and then fight your way up to the supreme court and get them to agree with you.

If you want to go that route I hope that you have:

1. About 5 years or so.
2. Best lawyers in the country
3. Several million dollars burning a hole in your pocket.

Because that's about what it would take to even have a ghost of a chance to win a case like that.

And everybody and their mom will be fighting you. For two reasons:

* There is still doubt that pure software patents are 100% legal.
* There are a lot of very good lawyers that make very good money on software patent BS.

So if you....
Win: You put a large number of very wealthy and experienced legal people out of work.

Lose: You essentially destroy any chance of fighting software patents until you get Congress to pass a law making software patents illegal.


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