Actually, when it comes to open-source, US patent law is relatively
friendly. As I understand (but I'm not a lawyer), in the US, it's
possible to file for a patent after an idea has been disclosed, but
for many other countries a patent application must be filed before
public disclosure.

Put it another way, US law doesn't put restrictions on discussing
ideas, it just makes it hard to discuss *patents*. Real issues are
caused by countries that put restrictions on discussing ideas, and the
patent laws of such countries are the ones that really create issues
for an open-source project like Android.

For further precision, of course, you should talk to your friendly
neighborhood international patent attorney.

JBQ

On Tue, Jul 14, 2009 at 11:42 AM, Mark Murphy<[email protected]> wrote:
>
> Al Sutton wrote:
>> They alternative is what HTC, Nokia, etc. do, which is to base yourself
>> outside the US so you can sell fully functional units to anyone not in
>> the US and take part in discussions about any software/hardware concept
>> you want.
>
> Agreed. While unfortunate, Google's policy is standard fare for many
> US-based tech firms, particularly larger ones (e.g., ones with in-house
> legal counsel). I've heard the same policy stated at a wide range of
> firms, mostly "name brands".
>
>> this is hardly the position a company that claims to be open should take.
>
> Open versus closed has little to do with it. Being a large target and a
> magnet for patent suits does.
>
> Of course, it would be lovely if a Google-sized enterprise would take a
> shot at getting some of these things declared unconstitutional through
> the courts, but we can't exactly blame them if they elect to eschew such
> a strategy.
>
>> it doesn't strike me as logical that a google android engineer is given an
>> incentive not to participate in discussions on a google android forum.
>
> You are welcome to petition your Congressperson, if applicable, to have
> the laws amended. Or, donate to a cause that tries to minimize the
> impact of software patents (e.g., EFF).
>
> --
> Mark Murphy (a Commons Guy)
> http://commonsware.com | http://twitter.com/commonsguy
>
> Android App Developer Books: http://commonsware.com/books.html
>
> >
>



-- 
Jean-Baptiste M. "JBQ" Queru
Android Engineer, Google.

Questions sent directly to me that have no reason for being private
will likely get ignored or forwarded to a public forum with no further
warning.

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