Pavel,
I spoke with Andrew, and authorized him to use whatever time necessary
to help folks who are developing Linux code that involves US patents or
IP infrinement issues. This offer is open to any other Linux folks who
need to consult with an IP attorney about infringement issues, and we'll
eat the tab for it. We have to dance around Novell patents all the time
(Novell's NDS is a legal nightmare for example) in what we do, so we
confront these types of issues every day we come to work, so we are very
well versed in IP and development issues.
Andrew will devote whatever time you require and will assist in patent
lookups, infringement analysis, etc. We'll even help you if anyone
attempts to litigate against you here.
:-)
Jeff
"Jeff V. Merkey" wrote:
>
> Pavel,
>
> If it infringes on someone's patent, even if you did it in a clean room
> and wrote it from scratch, they could come after anyone in the US. You
> should visit www.uspto.gov and review the sections of U.S.C. (United
> States Code) covering patents. You could also call my patent attorney's
> and consult with them, and I'll even pay for their time helping you with
> this (@ 300.00/hour) so you don't inadvertantly step on a land mine. If
> you want free legal advice, you should ask a lawyer who actually
> practices patent law rather than rely on folks who have not.
> 801-222-9129/9635 -- ask for Andrew McCullough and tell him I asked you
> to call him and I will pay for the time you use consulting on the
> details -- he could help you craft your project so it does not
> infringe.
>
> Bottom line is that in the US, if you infringe a patent, they can sue
> you, anyone who ships the infringing code, distributors, partners, etc.,
> etc. Most US companies are pretty sneaky and will wait until you ship
> about 1,000,000 copies before suing the offender so they will be certain
> they will get a huge damages claim (and can claim to take more money).
>
> I know most folks think TRG is a software company, but it's also a law
> firm, and I run a full law firm and legal practice out of TRG as well as
> develop software. We handle almost all of the ACLU lawsuits filed in
> Utah against The Utah State Government, Utah Highway Patrol, Mormon
> Church, Brigham Young University, and we litigate all types of cases all
> the time. We are the ones who are litigating in favor of the fight
> clubs, strip joints, and private clubs in Utah as well. We also handle
> all of the First Ammendment pronography cases in Utah. Andrew, who I am
> referring you to, is also the libertarian canididate for Attorney
> General for the State of Utah -- so you will be getting the very best
> legal advice.
>
> There are ways to achieve what you want and code up something that may
> do the same thing, but does not infringe enough on their patens for them
> to sue anyone. The trick with patents is not to copy identical
> "methods". I would be willing to allow you to talk to one of our
> in-house patent lawyers and pick up the tab, then you will be getting
> "real" legal advice and not thi shithouse lawyer talk on the internet.
>
> :-)
>
> Jeff
>
> Pavel Machek wrote:
> >
> > Hi!
> >
> > > Let's not talk about ripping off patents, at least not on the "formal"
> > > list.
> >
> > I'm not talking about ripping off patents, but unless someone tells me
> > *exact patent numbers* covering v.34 and what it means for me wanting
> > to write v.34 stack myself, I'm going to ignore the issue. And
> > everyone else should do exactly the same, patents around v.34 are FUD,
> > nothing more.
> >
> > This is not stealing. If I write my own software from scratch, I can't
> > see how it violates someone's rights.
> > Pavel
> > --
> > I'm pavel@ucw.cz. "In my country we have almost anarchy and I don't care."
> > Panos Katsaloulis describing me w.r.t. patents at discuss@linmodems.org
> >
> > -
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