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Monomania (Tux Deluxe)

Monomania (Tux Deluxe)

Posted Oct 25, 2009 8:10 UTC (Sun) by malor (guest, #2973)
In reply to: Monomania (Tux Deluxe) by dlang
Parent article: Monomania (Tux Deluxe)

It's important to understand that there's a reason for not specifically pointing out the patents: knowing infringement of a patent exposes you to treble damages in a court case.

If you tell a developer, "Mono violates Microsoft patents, and you could be sued", that's just a warning. If you say, "Mono violates Microsoft patent #foo when it uses this particular trick to compile code at runtime", you have now put them in a tight spot; they have to remove the offending code immediately or be three times as exposed if the issue ever goes to court. The person doing the research becomes 'polluted', and anyone he or she communicates that research to is polluted as well. It can be argued (and probably would be) that if anyone on a software project team knew about the patents, then the entire project is liable for treble damages. So you've instantly forced the project to either remove code, or drop poisoned developers.

That's why you see it always painted obscurely, instead of as specific documentation, because if they document it, and you read it, you're screwed. Since they're trying to help you, not hurt you, they stay as obscure as they can. It's FUD, but it's FUD for your benefit, not to confuse you into making bad decisions.


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Monomania (Tux Deluxe)

Posted Oct 25, 2009 8:17 UTC (Sun) by malor (guest, #2973) [Link]

Crap, I should have included this quote in the post above:

It's not like the patents at issue (which never seem to be properly defined)

My reply isn't to the main point of your post, but rather to the 'never properly defined' comment. There's a reason why the handwringing is mostly noise and not much signal... it's deliberate, to protect everyone involved.


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