KSM runs into patent trouble [LWN.net]

KSM runs into patent trouble

Posted Dec 3, 2008 23:22 UTC (Wed) by drag (guest, #31333)
In reply to: KSM runs into patent trouble by mlankhorst
Parent article: KSM runs into patent trouble

Plus if you have a record of going around and looking for patents then you could be shooting yourself in the foot.

Willful violation of patents, if proven, triples the damages awarded to the patent holder. It's much better to ignore patents and accidentally violate them then be a position were the judge can be convinced that you probably knew about the patent.

to post comments

KSM runs into patent trouble

Posted Dec 4, 2008 0:46 UTC (Thu) by kev009 (guest, #43906) [Link] (1 responses)

If you are in the business of Linux like Redhat, then letting this get into the kernel with your name on it is a bad idea to begin with. For the hackers out there doing things on their own, I'm inclined to agree but it would be downright stupid for a business not to perform some CYA (Check Your Ass) - especially if they are considering providing patent indemnification.

KSM runs into patent trouble

Posted Dec 4, 2008 4:26 UTC (Thu) by drag (guest, #31333) [Link]

Well the deal with software patents is that you _can't_ check your ass.

It would require having a team of people who are experts in patent law and programming following all your developers around and checking on projects your using in order to try to link against patents.

Even then your not going to avoid lawsuits from patent trolls.

Since there is no practical defense against patents then there isn't much you can do. Sure if your notified, like in this case, then you are forced to act, but it's definitely not something you want to volunteer for, especially when your in business. No benefit for you, all pain, no profits.