If the patent was only submitted in '97 you this is no problem. SLab can prove a prior implementation or audio caching, the software is in the public domain. All you need to do is take a few lines out of the SLab disk IO daemon, include it with comments to the effect of where it came, and use it without recourse. You only need to use the most basic elements of the code, or indicate you are using the same generic algorithm.
I do not even see the need to finances for eventual litigation. This is a pretty strong defense, and to litigate against one or more private individuals supplying GPL software is a no-win situation. Put it this way, SLab has cached megabytes of audio data since way before this patent was submitted. It has prior implementation. nick.
