It's my understanding that if a patented technology is proved to have been in use by someone other than the holder of the patent, before the patent was filed, then the patent itself is void. I could be wrong - it may indeed just be that whoever was using the technology before the patent was filed gets to keep using it. I'm too lazy to look it up. :)
I do, however, know that in either case, that claim has to be proven. And that takes a court. And a lawyer. And money. So just because you're in the right, even if you have the means to prove it, doesn't mean you won't escape any patent dispute without a hefty legal fee. I have no idea why I typed all that. You guys all already know this. :P I'm new here, by the way. Hi. :D Sage ----- Original Message ----- From: "Sebastien Metrot" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Thursday, January 17, 2002 2:14 PM Subject: Re: [linux-audio-dev] EVO status...was: (open-source like hardware) > Hi! > > Halion does use the smae technology BUT steinberg have shown that they have > been using an equivalent algorithm before the patent have actually been > granted to Nemesys. "Where?" will you ask? Well, in cubase of course! Every > audio sequencer I know of have to do read ahead of audio data if they want > to be useable! So for exemple if Paul have been using an equivalent scheme > in Ardour I believe he has the right to create a sampler using this > algorithm without any problem. > Being radicaly optimistic, let's say that ardour being a community work, > every people working in the community may have the right to use a technology > that have been using prior to the patent. I'm far from being an atorney but > i'd really like to get the insights of one on this specific view of the > problem. > > Sebastien > > PS: ho , and yes, I'm pretty sure about the reason why Steinberg didn't have > any problem with the pattent because one friend of mine actually worked on > Halion... > > ----- Original Message ----- > From: "Paul Davis" <[EMAIL PROTECTED]> > To: <[EMAIL PROTECTED]> > Sent: Tuesday, January 15, 2002 7:54 PM > Subject: Re: [linux-audio-dev] EVO status...was: (open-source like hardware) > > > > > > >I have also been in contacted by Nemesis and they have indicated that > > >if I were to do anything that infringes on thier patent(s) they > > >_WILL_ litigate. My initial inquiries with a patent attorney > > >indicates that a typical patent fight runs about a Million dollars. > > >A little more than I can afford currently. > > > > i wonder what's going on with steinberg. halion clearly uses the same > > technology; i seem to recall a story on harmony central about a > > lawsuit, or maybe it was in sound on sound. not sure though. > > > > >
