🚀 go-pugleaf

In article <a_rubin.722037007@dn66> a_rubin@dsg4.dse.beckman.com (Arthur Rubin) writes:
> ...
>(3) Distributing source code with appropriate disclaimers (possibly as RSA
>claims) is exactly what patent law was intented to encourage...
>experimentation with concepts/ideas to create new ideas.

Au contraire.

The patent law says that "whoever without authority makes, uses or
sells any patented invention ... infringes the patent" and "whoever
actively induces infringement of a patent shall be liable as an
infringer".

Distributing copies of a patent is aok.

Writing a book about it, discussing the whys and hows is aok.

But, once you have a program, things are different -- perhaps unclear,
but at least different.  Executing the program is clearly using the
patented invention and potentially an infringement.  Nothing in the
patent law encourages experimentation by infringing.  It is clear
that the purpose of distributing such source code is to USE the
patent.

Again, if you want to understand the ideas, or help others to understand
them, then go write a book.  There is NO WAY that a book can be
construed as making or using a patented invention.

Plus, any site making the code available might also find themselves
infringers.

Note that just because nothing is sold does not mean that the patent
owner can't get damages including royalties.



-- 
Glenn Tenney
voice: (415) 574-3420      fax: (415) 574-0546
tenney@netcom.com          Ham radio: AA6ER