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.

[License-discuss] Open Source and Open Standards

2015-03-12 Thread Lawrence Rosen
Friends, I presented a few months ago at Santa Clara University about Open Source and Open Standards http://htlj.org/symposium/speakers/lawrence-rosen/ . If you get a free hour sometime, play that presentation. Follow that link and enjoy a legal/software topic. I'm the short chubby guy in

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

[License-discuss] Software, licenses, and patents

2015-03-12 Thread jonathon
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. Issue: Developer is using systems, methods, and techniques that were described in the literature more than three decades ago (in

[License-discuss] Undistributable binaries and network services

2015-03-12 Thread ChanMaxthon
Sometimes licenses conflict, producing a non-distributable mess of licenses for a piece of code. Using my such code internally is not that much of a problem but what if I used such piece of code in a web application? My project involves transcoding video files on the cloud, hard dubbing the

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

Re: [License-discuss] Reverse Engineering and Open Source Licenses

2015-03-12 Thread Johnny A. Solbu
On Thursday 12. March 2015 02.12, Pamela Chestek wrote: But that's the acceptance by breaking the wrapper, not just by virtue of being printed. I remember in Norway where I live, it was common in the 1990s to have wrapped software CDs with a seal that said something to the effect of «by