Subject: Re: [linux-audio-dev] EVO status...was: (open-source like hardware)
From: Joe Pfeiffer (pfeiffer_AT_cs.nmsu.edu)
Date: Thu Jan 17 2002 - 23:41:50 EET
Sebastien Metrot writes:
> 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.
IANAL (as always) but my understanding is that any use -- even use
before the *filing* of the patent -- becomes subject to royalties when
the patent is granted. Of course, if you used the idea before the
patent-holder came up with the idea, that would invalidate the patent.
It's my understanding that under US patent law, the ``race to the
patent office'' to determine precedence doesn't really happen -- who
wins is based on who can document having had the idea first,
regardless of who files first.
-- Joseph J. Pfeiffer, Jr., Ph.D. Phone -- (505) 646-1605 Department of Computer Science FAX -- (505) 646-1002 New Mexico State University http://www.cs.nmsu.edu/~pfeiffer Southwestern NM Regional Science and Engr Fair: http://www.nmsu.edu/~scifair
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