Alan,
All interesting, but if they want to come after us, they can, and all
the sophistry in the world won't stop them. Patents on Software
algorithmns are starting to be heavily scrutinized in the US (check
www.uspto.gov) based on recent procedural guide, so the US is moving
towards what you describe.
Alan, we file patents here a lot, (have filed several this year). US
companies spend a lot of money on what are termed "software trash
patents", and like it or not, infringing one can potentially suck if
they get pissed off enough. I've done patent litigation in the past,
and these suits are tough to defend. All I'm trying to tell Pavel is
not to be so blatant about making statements on the list about taking
prople's patents. How would Bob Young feel if he spent $$$$$ on
securing patents only to discover folks telling him "HA HA HA try and
get us, patent holder". It sends a bad message, and leaves a trail of
court exhibits in the mailing list if one of these companies ever wanted
to get agressive with us, that's all I'm saying.
When Novell sued us in 1997, they filed a CIVIL case for IP
infringement, but yet were able to show up at my house with (8) Utah
County Sherrif's Deputies, (4) Novell Attorney's, and (2) Utah County
constables with a CIVIL "writ of replivin" which is a civil version of a
search and seizure warrant. I was forced to stand idly by while these
Novell goons ransacked my house and did @ $5,000.00 of damages looking
for "stolen patents and trade secrets." They seized every computer I
owned along with most of the equipment in my employees homes. Two days
later, the FBI showed up at our offices and seized the remaining
equipment on "probable cause" that it potentially contained information
protected under the United States Industrial Espionage Act. They did
not have any writs or orders, since under US Law they can simply walk in
and take anything they please. It took over 6 months to get the
computers back -- some of the equipment is still in their possession.
The Judge in our case ruled the search was proper and refused to allow
us to collect the bond, even though NOT ONE LINE OF NOVELL SOURCE CODE
OR DOCUMENTS WERE FOUND IN OUR POSSESSION.
It's suicidal to screw around with these people. If they think
something fishy is going on they can and will harrass us. I've been
there.
:-)
Jeff
Alan Cox wrote:
>
> > use Linux to "export" and "steal" technology patents from US companies
> > in violation of export and patent laws we may end up seeing Janet Reno
>
> Patents on software algorithms are illegal in most of europe. The EU also
> doesn't give a hoot about the US in general. We ship products to Cuba and
> have a standing arrangement which involves slapping 100% tariffs on all US
> products if the US tries to hassle us about Cuban product shipments.
>
> > several US companies complained about technology theft (i.e. patents)
> > being used illegally outside the US, then claimed Saddam was using their
> > stuff for "the manufacture of weapons of mass destruction."
>
> Point of correction: Patents do not apply to military use under WIPO.
>
> Alan
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