[linux-audio-dev] Re: [linux-audio-user] Open letter to Steve Ballmer

[Lee Revell]

On 3/2/07, Nick Copeland <nickycopeland at hotmail.com> wrote:
> If Microsoft patent any capabilities that are present in the ALSA codestream
> them ALSA itself is exempt from the patent. This is written into the patent
> laws, they cover the possibliity that somebody had a product that was later
> patented by some other, wiser party. If the company in potential infringment
> can prove prior implementation then they are exempt.
>

Prior art doesn't exempt the first implementor, it invalidates the
patent, at least in the US.

Lee