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From Emmanuel L├ęcharny <elecha...@apache.org>
Subject Re: A latent disclosure walked into a bar ...
Date Tue, 31 May 2011 14:24:55 GMT
On 5/31/11 4:06 PM, Mark Struberg wrote:
> Again sorry for the wording, I really forgot that all people subscribed to legal-discuss
are well aware that patent questions are almost never trivial.
> Back to the topic:
> There are a few patent search sites on the web. I guess the most prominent one is:
> http://patft.uspto.gov/
> The following would be my _personal_ _amateurish_ suggestion (Larry and others, please
> If you have a Patent Number and the source code in question, then we at least know how
to _not_ do it if you would like to re-implement this feature.
> There are also chances that anyone knows a similar way how to solve the source goals
in a way which is known to be prior art (a solution which was already used way before the
patent was filed) and thus the patent does not bite us.
> Working around patent issues is to some degree the exact opposite to working around IP
issues: Instead of _not_ looking at the prior code, you _must_ look at the patented solution
to explicitly avoid it.
Sorry to interrupt, but for my education, please enlighten me : I have 
always been told (not by lawyers, you guess) that the best is to 
specifically _not_ to check the patent, and ignore it completely. I 
mean, most - if not all of them - software patents are absolutely 
trivial and prior art is likely to exist anyway, so why the hell should 
we waste some time trying to workaround such potentially invalid claims ?

All in all, if it costs money to defend yourself against a litigation 
for a patent violation, it also costs time and money for those who 
register them, better let them be the fool in this game, no ? Not to 
mention that not knowing the patent might imply that you implemented it 
by mistake, in good faith...

Or may be I'm just totally naive...

Emmanuel L├ęcharny

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