On 5/27/07, Attila Kinali <[EMAIL PROTECTED]> wrote:
On Sun, 13 May 2007 11:11:47 +0200
Lourens Veen <[EMAIL PROTECTED]> wrote:

> Of course, it remains to be seen when this will happen and how open the
> drivers are going to be. But at least they seem to be listening.

I don't believe it until i see it. In todays cards there is
so much done in the driver that a lot of it is patented.
Ok so a court case would have Japanese or USA jurisdiction;
practically everywhere else is saner.

Opening this for anyone to review would lead to a long and
devastating patent battle which the side with the OSS drivers
will lose because of their actually telling what they do.

Anyone you sued could likely end up having their source code open for
inspection as well.
The person being sued can ask for discovery of their source code as
well. Also they can fight against having a protection order that is
asymmetrical; ask that protection not be applied to both sets of
source codes that make up the drivers. Only those things that it can
prove are "trade secrets" would in have any chance of sealing. So you
might get redacted driver source code. The court should provide an
equitable protection of both sets of source code.

http://www.law.cornell.edu/rules/frcp/ Federal Rules of Civil Procedure
http://www.law.cornell.edu/rules/frcp/Rule26.htm General Provisions
Governing Discovery;
http://www.law.cornell.edu/rules/frcp/Rule34.htm Rule 34. Production
of Documents and Things and Entry Upon Land for Inspection and Other
Purposes


--
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