On 2011-09-10, Dennis E. Hamilton wrote:
> planas [mailto:jsloz...@gmail.com]  wrote:
>> On Fri, 2011-09-09 at 21:51 +0100, Dave Howorth wrote: 
>>> On Fri, 2011-09-09 at 09:27 -0700, NoOp wrote:
>>> > Really? I see nothing hidden here:
>>> >
>>> > http://msdn.microsoft.com/en-us/library/cc313071%28v=office.12%29.aspx
>>> >
>>> > <http://download.microsoft.com/download/2/4/8/24862317-78F0-4C4B-B355-C7B2C1D997DB/%5BMS-OFFCRYPTO%5D.pdf>
>>> 
>>> I think the interesting bit is the following:
>>> 
>>> "Microsoft has patents that may cover your implementations of the
>>> technologies described in the Open Specifications. Neither this notice
>>> nor Microsoft's delivery of the documentation grants any licenses under
>>> those or any other Microsoft patents. However, a given Open
>>> Specification may be covered ..."
>>> 
>>> The emphasis, I feel, is on the word "may".
[...]
> I noticed that Haworth left of the part after the "may be covered
> ... "?
>
> Is it not good to first check to see if the specification is indeed
> covered or not?

>From what I recall from some USENET talks about this, it's actually
better *not* to check, as if you knowingly violate a patent, fines and
the rest are heavier than if you didn't know there was a patent.

> So until the US Congress decides to abandon the power to legislate
> patents and copyrights stipulated in the US Constitution, this is
> pretty much as good as it gets short of MSFT not having obtained any
> patents in the first place (whether or not any apply to items under
> the Open Specification Promise).

We don't need the US Congress (and some other legislative branches over
the world) to stop legislating patents, we just need them to stop
screwing the definition of patent. Algorithm patenteability is a
Pandora's box that should have never been opened.

(Copyright has nothing to do with this, unless you plan to copy
Microsoft's code in some way.)

IANAL

-- 
Nuno J. Silva (aka njsg)
gopher://sdf-eu.org/1/users/njsg

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