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

[Lars Luthman]

On Fri, 2007-03-02 at 10:47 -0500, Lee Revell wrote:
> 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.

And everywhere else, I hope. Anything other than that would be insane.

(regardless of whether the whole concept of patents is insane or not)


--ll
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