Re: [linux-audio-dev] Buffering idea

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Subject: Re: [linux-audio-dev] Buffering idea
From: nick.copeland_AT_ntlworld.com
Date: Tue Jun 18 2002 - 19:44:34 EEST


When was the patent submitted? Regarding whether you can still use
caching, if you can prove prior implementation of a product or
concept in any given patent, then case law should allow you to
use it without being in direct infringment of that patent.

This was to prevent a person patenting a known invention, and then
suing existing users. Any body implementing that technology after the
patent was applied for are likely to be in infringment. Steinberg
VST could infringe this patent, but I would imagine they could prove
prior implementation of audio caching algorithms that would prevent
any suit from succeeding.

Now, if you can find a peice of public domain dsp software that
predates the patent and used audio caching, then you should be
able to take that code and reuse it, or part of it.
You avoid infringment since you are using a prior implementation
under licence (GPL). SoX is a reasonable candidate, it has been around
for yonks, but may not have audio caching SLab is another possibility,
it does caching but is not so old (oops - that could put me in
infringment). As long as your software does not violate the GPL
then you are pretty much in the clear.

Nick


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