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From Niclas Hedhman <nic...@hedhman.org>
Subject Re: Harmony Podlling Quarterly Report
Date Sun, 31 Jul 2005 20:35:08 GMT
On Monday 01 August 2005 03:51, Noel J. Bergman wrote:
> Consider that Microsoft has its own implementation of .NET.  Contributing
> to Mono would in no way prevent Microsoft from later enforcing its patents.
>  It would simply spread the infection further and faster, particularly if
> people accepted your reading as legally applicable.

Hmmm... 
Assuming for a second that this happened and it ended up in a court, I 
personally think that "common sense" still exists among judges, and Microsoft 
would have a hard time arguing that they have rights to charge for, or 
prevent use of, something that was deliberately contributed to a Free 
Software effort.

Analogy, if a company sent me 50,000 "gadgets" for free, instructing me that 
when combined with an off-the-shelf "widget" could be installed in a car to 
half the fuel consumption, would have a hard time convincing a judge that I 
am infringing on any patents covering this setup.

Or is USA so much different from the rest of the world, where "in good faith", 
"intent of the law", "reasonable" and "common sense" still have legal 
meaning?


Cheers
Niclas

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