Re: patent sharks against critics

[Serge Marelli <serge.marelli@linux.lu>]

On Tue, 2004-05-04 at 11:37, Hartmut Pilch wrote:
> > > Europe Shareware received a letter from law firm Jenkens & Gilchrist 
> > > where they ask them to buy a license for the US 4,698,672 patent of 
> > > Compression Labs (the JPEG patent).
> > 
> > Hum... this is something I'm not sure I understand...
> > 
> > If I buy a (commercial) software (regardless of proprietary vs. free
> > issues please) and that software enables me to generate JPEG images (or
> > MPEG movies or anything covered by a patent... ); do I, as a USER and a
> > legitimate customer of the company still have get a license for the
> > patent?
> 
> Yes.
> Patents are about use.
> A user must make sure that his supplier takes the responsibility for all 
> claims.

This looks insane to me.
If I buy a video camera, and assuming the camera uses several patents
(which we can be certain of).  Assuming the maker of the camera has
aquitted their obligation w.r.t. patents and licensing.

I, the customer, the _user_, would still have to go and pay patent
licenses in order to use the camera and make films?

If now I use an adapter and software to transfer _my_ movies to mpeg
files, assuming I have legally bought commercial software whose
developpers & producers have aquitted theirs patent dues, I, the
customer/user would still have to go and find out which patents I should
buy licenses for?

I don't understand how this would stand in a reasonable legal system.

It seems insane and impossible.

Serge


> This can be done through a standard contract.
> Europe Shareware presumably offers such a contract to shareware users and 
> thereby assumes responsibility for patent infringments.
> They might either act as a clearing house for patent liabilities or pass 
> the responsibility on to the shareware authors.  
> In both cases the burden is very high.
> It is probably enterpreneurially irresponsible to continue going on doing
> business under these circumstances.
-- 
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  Serge Marelli, Luxembourg
  E-mail : serge.marelli@linux.lu
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 LiLux, Luxembourg LUG : http://www.linux.lu/
 Defending Innovation against Patent Inflation  http://swpat.ffii.org/