Hello,

First of all thank you for taking the time to read my lengthy emails.

On 12/18/06, gwoo <[EMAIL PROTECTED]> wrote:
>
> Unless a patent already exists for the processes inside of CakePHP,
> then there will not be a problem going forward. Once the technology is
> out in the open you cannot go back and patent it.

With the current state of patent approval processes in the USPTO,
there is a high chance that it will still happen. It has happened
before and it will happen again. See the Eolas and PanIP cases. It
seems the me that if someone with enough money and patience keeps on
re-applying for a patent in the USPTO, eventually it will land in the
hands of a lazy or incompetent patent examiner. It's sad but there is
the real threat of patent trolls in the U.S. attacking CakePHP (and
other FOSS projects for that matter). That is unless the U.S. patent
system is reformed.

Another thing with patents that have prior art, if it gets granted and
is used by its owner(s) for nefarious purposes the only recourse would
for the victim(s) be to attempt to invalidate the patent. In this
case, it would even be more expensive than simply settling out of
court or paying royalties to the patent holder. (e.g. you would have
to do research and compile prior art and present your case for
invalidation).

> The Cake Software Foundation was setup in Nevada because it was the
> least expensive, centrally located, with lenient corporate policies.
> More than 50% of the companies listed on the NYSE are from Delaware, so
> being located in another state is nothing new.

Thanks for clearing this thing up.

> If your company would like any further interpretations or answers,
> please feel free to contact legal [at] cakefoundation [dot] org.

Do you mind if I forward a copy of this email to my employer? I think
it would be best he will be the one to contact your legal department
regarding his concerns. He may also have other concerns that I have
failed to mention or interpret for him.

Thanks again.
-- 
_nimrod_a_abing_

[?] http://abing.gotdns.com

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