Re: [Patents] Suing uninformed customers

[Hartmut Pilch <phm@a2e.de>]

> > Patent enforcement can only work when the whole chain infringes and you
> > move upward from the point of use.  Each user must know what product he is
> > using and who can be held responsible for any infringements.
> 
>   The above is written from the point of view that patent enforcement is
> the overriding and only public policy we should be concerned with.  
> Simply put, we cannot think that way or we end up with nonsense public
> policy.
> 
>   Basic trade and economics can only work when regulation can only affect
> those who have enough information to make a choice in order to not
> infringe upon the regulation.  End users cannot ever be considered
> responsible for knowing what methods are embedded within or used to
> manufacture a product/service.  As it is most end users don't read product
> manuals before use, and now you are suggesting they should be reading
> possibly thousands of patents before acquisition of
> products/services/knowledge?

But end users know from whom they buy and they can then point to that
trader and hold him responsible for any patent infringement.  And so
again the trader.  What is the problem with that?
 
> > Yes, because the customers have bought their mousetrap from a dealer with
> > whom they have contractual relations that clear them of their duty.  And
> > the dealer again has such relations with the producer.
> 
>   How many consumer products have you purchased that have such a 
> contractual relationship?  Most consumers don't even know who the 
> manufacturer of a product is when they purchase it from retail outlets, 
> leave alone have signed contracts with the manufacturer.

Who said that they need to have a relationship with the manufacturer?

They have one with the trader, and that is required even without patents.
As said you must make sure you don't buy a stolen car and if you do by
some mistake then you can hold the seller liable.  If you fail to do that,
then you are liable yourself.  This basic accountability is needed not
only to keep the patent system working but to keep the trade system
working.  I think tax enforcement is more difficult and imposes a greater 
burden on trade than patent enforcement.  So this whole subject is a 
non-issue.