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On Sat, 18 Nov 2006 05:35:17 -0600,
Erik Funkenbusch <erik@xxxxxxxxxxxxxxxxxxxxxx> wrote:
> On Sat, 18 Nov 2006 10:58:22 +0000, Roy Schestowitz wrote:
>
>> ,----[ Quote ]
>>| What I would like to say to Steve is echoing Pamela Jones's sentiments.
>>| Tell us where it is, Steve--this infringement you speak of. I'm sure
>>| lots of people will be willing to pick up a metaphorical scalpel and
>>| dig out the offending bit of code. I wouldn?t want to OWE you, Steve.
>> `----
>
> Wow, this is so wrong on so many levels. First, the "oops, we're sorry, we
> won't do it again" defense won't hold up. Microsoft had to pay Eolas
> millions of dollars for a very tiny patent they were then enjoined from
> using afterwards. A company like Red Hat could be liable for thousands of
> dollars in royalties (and penalties) for each distributed copy of Linux.
> Now, it might be hard to prove who gave who a copy, but they can certainly
> be liable for direct downloads and sales. That kind of fine could cripple
> just about any company.
>
> Second, this assumes there is an offending "bit" of code. A patent could
> cover a broad invention that could cover thousands or even millions of
> lines of code. Or it might be something so ingrained in a key piece that
> it could force developers to use a highly inefficient algorithm to get
> around it, making the OS slow as dirt.
>
> Not that I think Microsoft would ever instigate a patent lawsuit against
> Red Hat or anyone else, but this sort of argument is incredibly naive.
> Microsoft has almost 6,000 issued patents, and over 8,000 applied for
> pattents. It's silly to think there's no chance that Linux doesn't violate
> any of them, or that a "no harm, no foul" defense would prevent massive
> fines, or that any Microsoft might even request that the defendent be
> enjoined from using the technology at all.
Using that argument, MS almost certainly infringes on IBM patents. In
fact, everyong, almost certainly infringes someone elses patent. Making
the entire patent system, useless at best, and a net drain on the
economy.
Not that I disagree with the last part mind you...
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--
Jim Richardson http://www.eskimo.com/~warlock
Linux: The OS people choose without $200,000,000 of persuasion
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