Patents/etc...

[Russell McOrmond]

Richard Seguin wrote:
> We are not immune... If you infringe on a patent,  you will still be 
> charged. 

   This isn't isn't as clear as you are suggesting.  Not all US patents 
are automatically valid in Canada, and vice versa.  We have different 
patent law, different patent precedent, and very different courts that 
rule on patent law.

   When it comes to Microsoft's threats about software patents, they are 
largely without merit.  It is largely another SCO-like case where they 
are claiming that someone somewhere is infringing some mythical 
copyright or patent, and yet not disclosing what patent or copyright is 
infringed by what specific software.   All legitimate infringement cases 
start by a disclosure of the patent or copyright involved.


   We also have to remember that somewhere approximating 60-95% of 
software patents currently granted by the United States patent office 
would not stand up to adequate tests of utility, novelty and 
unobviousness in a court.  While this is an expensive process to toss 
out an invalid patent, it is what is required in the case of FLOSS where 
we have two options when a royalty-free patent license is not offered by 
a patent holder: innovate around the patent, or invalidate the patent.


More on this topic under the information/mental process patents section 
of our BLOG:  http://www.digital-copyright.ca/taxonomy/term/360


   Patents are different than copyright.  While private citizens are 
held liable for copyright infringement, the case for patents are quite 
different.  I can dive into details if requested, but software patent 
infringement cases would have a hard time being launched against private 
citizens rather than commercial entities.

> helane wrote:
>> btw, how the patent infringement that ms is talking about in us will 
>> affect canada? anybody knows?
>>
>> helane.

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
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