[Patents] Re:[Patents] Prosecution

[Jean-Jacques de Jong jjdj@free.fr]

"Jesus M. Gonzalez-Barahona" wrote:

>         As far as I know, for violating a patent you have to provide a
> *device* which implements the patentes technique. Perhaps an
> executable program can be conseidered a device. But I don´t see how
> source code can. And if it ever is, I don´t understand how a frontier
> can be delimited between fair technical explanation of the technique
> and providing an actual device.
> 
>         Perhaps this could be a line of defense for libre software, in
> case software patents are accepted everywhere. If distributing source
> code can be considered just distribution of knowledge, libre software
> distributors can just distribute programs with patentes techniques as
> source code. The user who wills can compile the program, and (perhaps)
> buy a license the patent (although perhaps for private use this is
> also unneded).
> 


This is indeed a very interesting position and it's what I would argue.
There is no case law, I believe not even in the US, so we must wait and
see. The problem is that someone must take the risk. Maybe with the
backup of a company or organization that would like to probe the
grounds...

JJJ