Subject: Re: [linux-audio-dev] EVO status...was: (open-source like hardware)
From: Sage (sage_AT_gypsycaravan.org)
Date: Thu Jan 17 2002 - 23:19:52 EET
It's my understanding that if a patented technology is proved to have been
in use by someone other than the holder of the patent, before the patent was
filed, then the patent itself is void. I could be wrong - it may indeed
just be that whoever was using the technology before the patent was filed
gets to keep using it. I'm too lazy to look it up. :)
I do, however, know that in either case, that claim has to be proven. And
that takes a court. And a lawyer. And money. So just because you're in
the right, even if you have the means to prove it, doesn't mean you won't
escape any patent dispute without a hefty legal fee.
I have no idea why I typed all that. You guys all already know this. :P
I'm new here, by the way. Hi. :D
Sage
----- Original Message -----
From: "Sebastien Metrot" <meeloo_AT_noos.fr>
To: <linux-audio-dev_AT_music.columbia.edu>
Sent: Thursday, January 17, 2002 2:14 PM
Subject: Re: [linux-audio-dev] EVO status...was: (open-source like hardware)
> Hi!
>
> Halion does use the smae technology BUT steinberg have shown that they
have
> been using an equivalent algorithm before the patent have actually been
> granted to Nemesys. "Where?" will you ask? Well, in cubase of course!
Every
> audio sequencer I know of have to do read ahead of audio data if they want
> to be useable! So for exemple if Paul have been using an equivalent scheme
> in Ardour I believe he has the right to create a sampler using this
> algorithm without any problem.
> Being radicaly optimistic, let's say that ardour being a community work,
> every people working in the community may have the right to use a
technology
> that have been using prior to the patent. I'm far from being an atorney
but
> i'd really like to get the insights of one on this specific view of the
> problem.
>
> Sebastien
>
> PS: ho , and yes, I'm pretty sure about the reason why Steinberg didn't
have
> any problem with the pattent because one friend of mine actually worked on
> Halion...
>
> ----- Original Message -----
> From: "Paul Davis" <pbd_AT_Op.Net>
> To: <linux-audio-dev_AT_music.columbia.edu>
> Sent: Tuesday, January 15, 2002 7:54 PM
> Subject: Re: [linux-audio-dev] EVO status...was: (open-source like
hardware)
>
>
> >
> > >I have also been in contacted by Nemesis and they have indicated that
> > >if I were to do anything that infringes on thier patent(s) they
> > >_WILL_ litigate. My initial inquiries with a patent attorney
> > >indicates that a typical patent fight runs about a Million dollars.
> > >A little more than I can afford currently.
> >
> > i wonder what's going on with steinberg. halion clearly uses the same
> > technology; i seem to recall a story on harmony central about a
> > lawsuit, or maybe it was in sound on sound. not sure though.
> >
>
>
>
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