Re: [License-discuss] Software, licenses, and patents

2015-03-13 Thread Daunevin Janz
Please stop sending e mail to this address, Daunevin is no longer with us. Thank you. On 12-Mar-15, at 7:11 PM, Ben Tilly wrote: If the facts are what I guessed, then the Alice v. CLS Bank decision last year would make that point. But the United States Court of Appeals for the Federal

Re: [License-discuss] Software, licenses, and patents

2015-03-12 Thread jonathon
On 12/03/15 22:49, Ben Tilly wrote: I think I can unconfuse you. :-) You wrote a good synopsis. The developer knows of an applicable patent, More than one. Far more than one. :( therefore suggest that the developer should discuss the situation with a neutral lawyer, and follow that

Re: [License-discuss] Software, licenses, and patents

2015-03-12 Thread jonathon
On 12/03/15 23:59, ChanMaxthon wrote: since decades if not centuries ago a prior art already stood there, why would the patent still be relevant in the first place? Three magic phrases: * With a computer; * Over a Network; * Using the Internet; or just shoot their patents down completely.

Re: [License-discuss] Software, licenses, and patents

2015-03-12 Thread Danese Cooper
Developer needs to pay a lawyer, I'm thinking... On Mar 12, 2015, at 1:52 PM, jonathon jonathon.bl...@gmail.com wrote: All: Need some help. Software was privately created. Developer wants to release under the GNU GPL 3.0. If you want to change the license, for your comments, do so.

Re: [License-discuss] Software, licenses, and patents

2015-03-12 Thread cowan
Jonathon Blake scripsit: Question: Should developer make any notation about possible patents that the software _might_ infringe upon? When it comes to patents, ignorance is bliss, because of the treble damages for willful violations. All programmers should be on notice by now that anything

Re: [License-discuss] Software, licenses, and patents

2015-03-12 Thread Ben Tilly
I think I can unconfuse you. :-) The developer knows of an applicable patent, but believes the following set of statements to be true. 1. The new software does not infringe. 2. The patent holder might believe otherwise. 3. Said patent may have been granted on the basis of work the developer

Re: [License-discuss] Software, licenses, and patents

2015-03-12 Thread ChanMaxthon
Just wondering, since decades if not centuries ago a prior art already stood there, why would the patent still be relevant in the first place? If the hostile IP cockroach is biting you can show the court those prior art, either proving that their patents have nothing to do with your code, or

Re: [License-discuss] Software, licenses, and patents

2015-03-12 Thread Ben Tilly
If the facts are what I guessed, then the Alice v. CLS Bank decision last year would make that point. But the United States Court of Appeals for the Federal Circuit has a history of creatively interpreting Supreme Court decisions to expand what is patentable. So it is not certain that the