Skip site navigation (1)Skip section navigation (2)
Date:      Thu, 23 Mar 2000 23:52:15 +0000 (GMT)
From:      Terry Lambert <tlambert@primenet.com>
To:        rsidd@physics.iisc.ernet.in (Rahul Siddharthan)
Cc:        tlambert@primenet.com (Terry Lambert), adsharma@sharmas.dhs.org (Arun Sharma), freebsd-chat@FreeBSD.ORG
Subject:   Re: On "intelligent people" and "dangers to BSD"
Message-ID:  <200003232352.QAA03123@usr08.primenet.com>
In-Reply-To: <Pine.BSF.4.20.0003231206170.31732-100000@theory1.physics.iisc.ernet.in> from "Rahul Siddharthan" at Mar 23, 2000 12:15:20 PM

next in thread | previous in thread | raw e-mail | index | archive | help
> > > > actually the only thing affected by the patent, in any case,
> > > > since that is Unisys' (Terry Welch's, actually) contribution.
> > > > The LZ (Lempel-Ziv) decoder will decode both, and is not patent
> > > > protected.  I would have to look it up, but I'm pretty sure
> > > > that patent has expired, unless it was submerged (filed but not
> > > > executed) prior to GIF images becoming common on the net.  At
> > > 
> > > I think I read that it's supposed to expire in 2003.
> > 
> > Try 1999:
> > 
> > http://www.patents.ibm.com/details?pn=US04558302__
> 
> Isn't the lifetime of a patent 20 years from date of filing? The
> above page says it was filed in June 1983. 

It is 14 years from date of issue for patents filed before the
new patent law took effect.  There are still plenty of submerged
patents out there which were filed before the cut-off date, when
the new rules went into effect.  They will remain submerged until
they are executed.  Think of them as "trained attack patents".

Patents filed after the cut-off date are 20 years from date of
filing, regardless of date of issue.

The reason this is so is that the US has a Constitutional
premise that something which is not illegal can not be made
illegal.  This is called "ipos facto"; a loose translation
is "a law after the fact".  This is why you can own short
barrelled shotguns in the US, so long as they were made
before the law making them "illegal" went into effect.

The consequences of not having this legal premise codified in
the Constitution would be the ability to:

1)	Dislike something that happened
2)	Get elected
3)	Pass a law making it illegal
4)	Arresting the original person who did the thing you
	didn't like, and trying them under the new law

In one word: tyranny.

So for example, if we had patent reform that resulted in the
term of process patents on algorithms and copyright on code
being reduced to a term of 2 years, it would be 20 and 50 years
after the death of the author, respectively, before the reform
actually took effect.


> Besides, 1999 is the year Unisys suddenly started demanding $5000
> from websites which use "unlicensed" GIF's. 
> 
> http://www.unisys.com/unisys/lzw/lzw-license.asp 
> 
> The page contains a "clarification" on licensing of GIF's
> dated September 1999. Their earlier announcement on the $5000
> fee was not long before that. It seems a bit strange if the
> patents were supposed to expire the same year.

See <http://www.unisys.com/unisys/lzw/>.  1999 was the last year
in which the patent was in effect.  You will see that it has the
same patent number as the one I referenced previously.

RSA executed similar license agreements.

It is a common practice to get as many people as possible to
agree to "vastly reduced license fees" just before a patent
expires, in order to accomplish two things:

1)	Get a legally enforcible ongoing royalty stream in
	place, in order to ensure royalties well after the
	patent expiration because of the contractually
	committed royalty obligations.

2)	Milk as much one-time revenue as possible out of a
	soon to expire patent, as a last ditch effort to
	obtain revenue.

PS: You are incorrect about when Unisys first attempted to
enforce the LZW patent; it was 1993.


					Terry Lambert
					terry@lambert.org
---
Any opinions in this posting are my own and not those of my present
or previous employers.


To Unsubscribe: send mail to majordomo@FreeBSD.org
with "unsubscribe freebsd-chat" in the body of the message




Want to link to this message? Use this URL: <https://mail-archive.FreeBSD.org/cgi/mid.cgi?200003232352.QAA03123>