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Posted Feb 4, 2010 23:01 UTC (Thu) by DonDiego (subscriber, #24141)
Yes, it should really be done behind closed doors, just like software development and science. After that, when you have concluded your research, you tell nobody about it and just demand that everybody trust you. After all, why should they ever doubt your word.
> You need lawyers to analyze your claims
You want a lawyer to analyze whether or not Theora implements the technique described in the patent? What would qualify a lawyer to do that? Do you go see a lawyer when you feel a pain in your chest?
> and you will find that its hard to get lawyers to say anything in public about this sort of analysis in general
This is not specific to lawyers, it applies to all people that have something to hide.
Posted Feb 5, 2010 5:52 UTC (Fri) by rahulsundaram (subscriber, #21946)
The reasons for lawyers not usually willing to talk about patent claims in
specific details in public is because their analysis can be used as a weapon
against the case they are trying to make and I am sure you will find out more
when you try and get SFLC to publish their interpretations if it is actually
Posted Feb 5, 2010 9:07 UTC (Fri) by DonDiego (subscriber, #24141)
If the patent analysis can be used as a weapon it's because patents are being infringed.
Posted Feb 5, 2010 16:27 UTC (Fri) by rahulsundaram (subscriber, #21946)
There are lots of people including Xiph and Mozilla which have done such
analysis and their actions on distributing the codec is enough to show their
decision and your claim that the only reason not to publish it because there
is infringement is plain wrong and shows zero understanding of the issues
Posted Feb 5, 2010 22:54 UTC (Fri) by nix (subscriber, #2304)
Posted Feb 6, 2010 5:06 UTC (Sat) by rahulsundaram (subscriber, #21946)
Posted Feb 5, 2010 21:21 UTC (Fri) by paulj (subscriber, #341)
Part of the problem perhaps is that the waters between licence issues due to
patents risks and patent risks to distributors are not quite clear (it seems from
this discussion anyway). E.g. a possible issue here, I wonder, is that publishing
such legal opinion might help clarify risk generally, but not be helpful to the risks
faced by the publishing organisation?
Posted Feb 6, 2010 5:16 UTC (Sat) by rahulsundaram (subscriber, #21946)
As a general case lawyers would advise their clients to never talk to the
police as well and it is not because you have something to hide
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