Date: Fri, 3 Aug 2012 08:14:33 +0700 From: Erich Dollansky <erichfreebsdlist@ovitrap.com> To: Chad Perrin <perrin@apotheon.com> Cc: freebsd-questions@freebsd.org Subject: Re: Patent hit - MS goes after Linux - FreeBSD ? Message-ID: <20120803081433.0ad12c03@AMD620.ovitrap.com> In-Reply-To: <20120802185759.GB12255@hemlock.hydra> References: <loom.20120801T135633-743@post.gmane.org> <E012414FCF65894B89F69DE76AE15E9908274802@CPT-EXCH01.int.mtnbusiness.net> <alpine.BSF.2.00.1208011511490.3256@wojtek.tensor.gdynia.pl> <E012414FCF65894B89F69DE76AE15E9908274973@CPT-EXCH01.int.mtnbusiness.net> <20120802185759.GB12255@hemlock.hydra>
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Hi, On Thu, 2 Aug 2012 12:57:59 -0600 Chad Perrin <perrin@apotheon.com> wrote: > On Wed, Aug 01, 2012 at 01:39:21PM +0000, Traiano Welcome wrote: > > > > Unfortunately, patent law and copyright law are very different > environments. The truth is that probably every nontrivial piece of yes. > software created infringes several patents, and the only question that > remains is whether those patents would hold up in court under close The best tool against any patents is prior art. The open source scene misses a very simple platform. Even FreeBSD could offer an extra list named 'prior-art' on which people can publish their ideas. The moment the server starts distributing the e-mail, nobody can claim a patent anywhere in the world for the idea mentioned. > scrutiny. The greater the disparity in legal expertise and funding > behind the two parties, the greater the likelihood that the case will > be found in favor of the party with the greater resources. Not true for cases of prior art. > > This is the reason software patents comprise such a blight on the > world of software development. Even a frivolous patent that would There is no difference for an engineer who works in other fields. > not hold up through completion of litigation may serve its purpose by > bankrupting a defendant before the case is concluded. That party must have a real dumb patent attorney then. > > It is possible that Microsoft is going the way of SCO -- into its > grave, having hung all its hopes on litigation. Along the way, > though, it will probably do a lot of damage to a lot of people, > projects, and businesses, and I just hope it doesn't get as far as > the FreeBSD project or any FreeBSD users before things come crashing > down. > It is all in the people's mind. > (disclaimer: I am not a lawyer. This is not legal advice. Et > cetera.) > This is an example of the real problem. Erich
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