It's too late for that - and as someone pointed out, intentionally breaching a patent qualifies for triple damages. Attempts to "code fast" before the patent is issued would be interpreted as exactly that.

Unfortunately, the ball is in the patent office's court now. Prior art can be submitted in hopes that the patent applications will not be approved, but other than that the way forward - assuming the patents are issued - is a painful process of finding ways to implement OS without infringing, and of course you will never know if you are successful until the matter is settled in court.

This is a sad day for all the people that have invested so much time and work and passion into OS.

Frank

On 2/3/2010 11:40 AM, Daniel Smith wrote:
Excellent post.  I wonder what people think of the approach of creating
"prior art" in the near term.  Think of what is likely to be needed,
and get rough implementations/prototypes out there.  I am thinking
of Diva's point of "code fast".  It makes me think "put lots of stakes
in the obvious ground now".

On Wed, Feb 3, 2010 at 9:15 AM, <[email protected] <mailto:[email protected]>> wrote:

    In the light of recent events, I want to make this plea explicit and
    widely distributed:
    http://www.metaverseink.com/blog/?p=30

    No need to panic, the project is not in danger. But it became clear to
    me that we need to raise awareness of this issue, so that people
    in this
    community stop and think before they file patents to please investors
    and managers.
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--
Daniel Smith - Sonoma County, California
http://daniel.org/resume


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