After takin' a swig o' grog, The Ghost In The Machine belched out this bit o' wisdom:
> In comp.os.linux.advocacy, Tim Smith
>>
>> Except as otherwise provided in this title, whoever without
>> authority makes, uses, offers to sell, or sells any patented
>> invention, within the United States or imports into the United
>> States any patented invention during the term of the patent
>> therefor, infringes the patent.
>
> Hm. I stand corrected. Interesting.
>
>> The law is similar in other countries that have patent systems. If, for
>> the sake of argument, something in, say, OpenOffice violated a patent,
>> all of the following would be infringers:
>>
>> The developers ("makes")
>> The commercial distributions ("offers to sell, or sells")
>> The end users ("uses")
>>
>> I'm not ure where a free distribution would fit in here, as they are not
>> selling, or offering to sell.
>
> They are indeed selling -- time, if nothing else.
>
>> However, this might cover them:
>>
>> 35 USC 271(b):
>>
>> Whoever actively induces infringement of a patent shall be liable as
>> an infringer
>
> Correct, and all parties are liable.
Including the ISPs, one would gather.
Either patents are going to shut down all open source, or it will be
recognized that patents no longer function as intended (promoting
innovation).
Imagine. The power. Of a patent clerk.
--
Tux rox!
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