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Date:      Fri, 24 Mar 2000 23:24:21 +0000 (GMT)
From:      Terry Lambert <tlambert@primenet.com>
To:        rsidd@physics.iisc.ernet.in (Rahul Siddharthan)
Cc:        tlambert@primenet.com (Terry Lambert), freebsd-chat@FreeBSD.ORG
Subject:   Re: On "intelligent people" and "dangers to BSD"
Message-ID:  <200003242324.QAA10120@usr08.primenet.com>
In-Reply-To: <Pine.BSF.4.20.0003250230420.36561-100000@theory1.physics.iisc.ernet.in> from "Rahul Siddharthan" at Mar 25, 2000 02:47:09 AM

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> Well I'm no lawyer (and know nothing of US law).
> 
> But from what I can find from brief web searches, it seems that
> before the change in patent law, the lifetime for "utility
> patents" in the US was 17 years from date of issue, not 14 years.
> For "design patents" it was and continues to be 14 years from
> date of issue. LZW looks to me like a utility patent.

Technically, it's a process patent, like "Bessemer Steel".

> So it would seem that the LZW patent will expire only in 2002...


My take on all this "intellectual property" BS is this:

	Fine; treat it as if it were real property.  Then
	through adverse use, I can establish a prescriptive
	lien, which will allow me to continue using it
	without your permission.

This is the same principle that allows your neighbor, who has
parked in front of your house for 2 years, to continue parking
there, even if you have bought a second car, and have no place
to park it because your driveway has your first car in it.  He
has established a right to that spot, even though it is in front
of your house, by virtue of you not stopping him.

If Unisys wants to go after the UNIX "compress" utility, I think
a case can be made for adverse use, especially with the case law
history the software industry has built up in the apellate courts,
blurring the distinction between real property and intellectual
property for their own benefit.


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


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