Article View: gnu.misc.discuss
Article #1286Re: hayes lawsuit
From: Chris Petrilli
Date: Sun, 02 Jun 1991 20:51
Date: Sun, 02 Jun 1991 20:51
33 lines
2100 bytes
2100 bytes
Paul Johnson writes:
Billy Yow writes:
[On proposed 5 cent royalties for trivial patents]
>A shareware or public domain program (that infringed) COULD NOT BE
>COPIED because the making of a copy would then require a patent payment
>if the copy was given away.
>And what about BACKUPs of patented software do they infringe?
What *exactly* constitutes patent infringement? Is it the
construction of a machine which falls under the patent? Or is it the
subsequent sale or other disposal of that machine? I think it is the
former (Note: I am not a lawyer). Hence every time one loads (say)
RSA software into one's machine one breaks the law. Making a backup
does not affect the issue since it is the loading of the software
(converting a general purpose computer into a specific machine which
is covered by the patent) that matters.
It is my understanding that so long as you do not make a profit from
the use of the patent, that the patent holder cannot charge you for
use of the patent and the information contained within it. I know
that it used to be like this, but I am not sure whether it still is or
not. This is an intereting hole in it, that as far as I am concerned
would allow the FSF to continue its work, no matter how many patents
cover what they do. Someone, please clarify this. Mike are you out
there?
Chris
--
| Chris Petrilli
| petrilli@gnu.ai.mit.edu
| I don't even speak for myself.
Technical Details
Message-ID:
<PETRILLI.91Jun2165126@geech.gnu.ai.mit.edu>Path:
arc1-ca.pugleaf.net!utzoo!utgpu!news-server.csri.toronto.edu!rpi!think.com!mintaka!ai-lab!life.ai.mit.edu!petrilliReferences:
<1991May17.214226.10776@m.cs.uiuc.edu> <7e19222w164w@mantis.co.uk> <1991May21.090027@riddler.Berkeley.EDU> <944@puck.mrcu>Show Full Headers
Complete Article Headers
Path: arc1-ca.pugleaf.net!utzoo!utgpu!news-server.csri.toronto.edu!rpi!think.com!mintaka!ai-lab!life.ai.mit.edu!petrilli From: petrilli@geech.gnu.ai.mit.edu (Chris Petrilli) Newsgroups: gnu.misc.discuss,comp.misc Subject: Re: hayes lawsuit Message-ID: <PETRILLI.91Jun2165126@geech.gnu.ai.mit.edu> Date: 2 Jun 91 20:51:26 GMT References: <1991May17.214226.10776@m.cs.uiuc.edu> <7e19222w164w@mantis.co.uk> <1991May21.090027@riddler.Berkeley.EDU> <944@puck.mrcu> Sender: news@ai.mit.edu Distribution: na Organization: The Free Software Foundation Lines: 33 In-reply-to: paj@mrcu's message of 24 May 91 08:25:20 GMT