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

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. The exact wording of the exemption would probably require legal interpretation, however if Microsoft have patents applied for that cover features already implemented by ALSA then not only are implementations of the ALSA driver exempt (prior implementation can be proven based on driver distribution dates to precede the patent application) but at the same time there is a seperate issue that if Microsoft did take out a patent of an ALSA capability then under the terms of the GPL they may legally be required to make their code publicly available as it arguably must have been based on the open sourced capabilities. Regards. _________________________________________________________________ Don't just search. Find. Check out the new MSN Search! http://search.msn.click-url.com/go/onm00200636ave/direct/01/