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

[Erik de Castro Lopo]

On Wed, 8 Dec 2004 21:47:25 +0100
"Pedro Lozano" <pl2 at ono.com> wrote:

> Then I dont understand why there are companies pushing for the aproval of 
> software patents in europe and worldwide. To patent stupid things and not 
> using these patents for anything?

Look, the patenting of stupid things is to be encouraged as strongly as
possible. The US (and other) patent systems will soon colapse under their
own weight and then be discarded. 

Apart from encouraging stupid patents, the best thing you can do is ignore
it completely. When and if you get a cease and desist letter you do the
following:

  0) Get the patent holder to provide enough information for you to
     figure out if you might infinge or not.

  1) If you are out of jurisdiction you may want to disregard the
     patent anyway.

  2) Get the patent documents and see if the patent can be challenged.

  3) If you think it can be challenged, state so publicly in the web 
     page for the software and tell the patent holder that you will 
     challenge the patent validity if they try to bring it to court.

  4) If it can't be overturned, say sorry to the patent holder and pull
     the software for the 2-3 weeks it takes to reimplement the code
     working around the patent.

Erik
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+-----------------------------------------------------------+
  Erik de Castro Lopo  nospam at mega-nerd.com (Yes it's valid)
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Learning Linux is like joining a cult.  Sure it's fun at first but
you waste time, become brainwashed, and then have to be de-programmed
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