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Article #1286

Re: hayes lawsuit

#1286
From: Chris Petrilli
Date: Sun, 02 Jun 1991 20:51
33 lines
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.
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References: <1991May17.214226.10776@m.cs.uiuc.edu> <7e19222w164w@mantis.co.uk> <1991May21.090027@riddler.Berkeley.EDU> <944@puck.mrcu>

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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>
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Organization: The Free Software Foundation
Lines: 33
In-reply-to: paj@mrcu's message of 24 May 91 08:25:20 GMT