2 Mar
2007
2 Mar
'07
11:54 a.m.
On 3/2/07, Nick Copeland <nickycopeland(a)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
2 Mar
2 Mar
12:21 p.m.
On Fri, 2007-03-02 at 10:47 -0500, Lee Revell wrote:
On 3/2/07, Nick Copeland
<nickycopeland(a)hotmail.com> wrote:
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
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. 
1:13 p.m.
On Fri, 2007-03-02 at 17:09 +0100, Lars Luthman wrote:
Suppose the whole concept really is insane, then prior art could be
excempted without breaking any sanity rules, yes?
--
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)
1:38 p.m.
On 3/2/07, Jens M Andreasen <jens.andreasen(a)comhem.se> wrote:
On Fri, 2007-03-02 at 17:09 +0100, Lars Luthman wrote:
Suppose the whole concept really is insane, then prior art could be
excempted without breaking any sanity rules, yes?
Well, in Europe, the concept is already insane. There's a european patent on
the concept of tabs used inside a website... how sane is that ?
Hopefully, these (software) patents do not have (at present) any legal value
in Europe...
__________________
Marc-Olivier Barre,
Markinoko.
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)
6273
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linux-audio-dev@lists.linuxaudio.org
5 comments
4 participants
participants (4)
-
Jens M Andreasen -
Lars Luthman -
Lee Revell -
Marc-Olivier Barre