[linux-audio-dev] Patents on some Linux OS code

Paul Davis paul at linuxaudiosystems.com
Wed Dec 8 18:26:15 UTC 2004


>> 4) The end user is not responsible for what patent issues the producer
>> might get involved with.
>
>Many companies thinks that it is, the SCO vs DaimlerCrysler case (because of 
>they use Linux) is an example, that case is because of copyright but surely 
>will be many like that because of patents.

The SCO vs. DCC case is, as far as I can tell, more or less
over. Almost none of the original material is still up for court
decision making, merely whether DCC responded promptly enough to a
message from SCO. None of the SCO related cases have been about
patents.

The only company I know of to have been persistently involved in
patent lawsuits over software is Microsoft, both as a plaintiff and
defendant, and they have lost several cases already. 

There is very little patent-related legal activity in the software
world right now, precisely because (1) the USA is the only
jursidiction in which s/w patents even exist and (2) a very large
fraction of the US s/w patents that might be used are dubious at best,
laughable at worst, and bringing them to court could expose the
ridiculous nature of the s/w patent system, which would be bad for
most involved parties.

--p




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