Good news on patents, particularly crypto patents.

The CAFC, the US patent court, has recently ruled that the patent holder cannot hit you with punitive damages unless, on the preponderance of the evidence, you were objectively reckless - that you knew or strongly suspected you were violating the patent.

By and large, the remaining crypto patents are canned uncertainty and doubt, intended to muddy the water, patenting everything, anything, and nothing. This previously worked in favor of the patent holder, but now it works against the patent holder.

The way it now works is that if you have an arguable case that you are not in violation of the patent, you can barge right ahead and wait for the patent holder to spend many millions of dollars and many years in court to clarify the situation. Don't hold your breath.

This also negates the Microsoft tactic "If you use linux, you are violating our patents, but we will not tell you what patents you are violating, or what aspect of linux violates them". Now, genuine uncertainty works *against* the patent holder.

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