Re: [linux-audio-dev] Patents on some Linux OS code

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Subject: Re: [linux-audio-dev] Patents on some Linux OS code
From: Paul Brossier (piem-lists_AT_altern.org)
Date: Mon Dec 13 2004 - 06:55:52 EET


On Thu, Dec 09, 2004 at 05:39:50PM +1100, Erik de Castro Lopo wrote:
>
> Look, the patenting of stupid things is to be encouraged as strongly as
> possible. The US (and other) patent systems will soon colapse under their
> own weight and then be discarded.
>
> Apart from encouraging stupid patents, the best thing you can do is ignore
> it completely. When and if you get a cease and desist letter you do the
> following:
>
> 0) Get the patent holder to provide enough information for you to
> figure out if you might infinge or not.
>
> 1) If you are out of jurisdiction you may want to disregard the
> patent anyway.
>
> 2) Get the patent documents and see if the patent can be challenged.
>
> 3) If you think it can be challenged, state so publicly in the web
> page for the software and tell the patent holder that you will
> challenge the patent validity if they try to bring it to court.
>
> 4) If it can't be overturned, say sorry to the patent holder and pull
> the software for the 2-3 weeks it takes to reimplement the code
> working around the patent.
>

i like this approach, especially the 'encouraging stupid ones'.

a few weeks ago, i looked at Yin, an f0 estimation algorithm. i
wrote to the author to know if it was ok to release it under the
GPL. he replied 'the algorithm is patented but i think there
should be no problem'. i am not qualified to judge on point 2,
but i seriously doubt on its validity, besides we do not have
software patents in Europe. and i went to point 3 (updated):
  http://aubio.piem.org/news/YIN_patented_and_GPL.html

now i wonder when someone will get a patent on making additions.

bye, paul


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