On  13-Dec-2008, at 19:32 , has wrote:


On 12 Dec 2008, at 23:41, Conan C. Albrecht wrote:

IANAL, but in my watching of open source projects for many years, if you have prior work to the patent, you're fine. If they decide to sue you, you can just show that your project predates the patent. This one was filed in 2007, so I think things like appscript are fine. (does appscript predate June 8, 2007?) Again, I'm not a lawyer.

Don't worry, IANAL either.:) Anyway, appscript first appeared in 2003. Ditto aeve, which also used SB-style dynamic class creation to build its API. Come to think of it, Apple's open-source RubyOSA project pretty much copies SB's approach throughout, even down to its semi-automatic 'implicit get' mechanism. Given that RubyOSA was originally released in summer 2006 I wonder if it also counts as invalidating prior art?

Don't forget the original MacPython applescript interfaces. Created by Guido and me between 1996 and 2000, if I remember correctly.

I think the various other non-Applescript OSA implementations (what was the name of that database-like package again?) don't count as prior art for this patent because of the "automatically build glue classes" clause, but the original MacPython OSA interfaces definitely did that.

So, we have lots of validating prior art available. Question is: (a) is it worth the time/effort to fight this patent, and (b) if it is, when is the best time to do so. I know some people who have been involved in patent fights, I will ask around.

Could other people share their insights too, and/or ask around?

Hmm, one of the inventors is our old friend Bill Bumgarner. Bill, are you still on the list? Can you say anything about this patent?


--
Jack Jansen, <jack.jan...@cwi.nl>, http://www.cwi.nl/~jack
If I can't dance I don't want to be part of your revolution -- Emma Goldman


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