Re: Patent

Theodore Y. Ts'o (tytso@mit.edu)
Wed, 3 Nov 1999 08:26:24 -0500


Date: Wed, 3 Nov 1999 12:12:58 +0000 (GMT)
From: Alan Cox <alan@lxorguk.ukuu.org.uk>

> Almost all Linux kernels today are infringing on US patent #5,806,063

No. The Linux code predates it.

Indeed, the best thing to do is ignore it. Let the patent holders try
to sue us first, at which point it can be defeated pretty easily.

It would be interesting for someone to set up a www.priorart.org web
site, dedicated towards finding and exposing stupid USPTO tricks; the
problem is that it would be a legal lightening rod, and it would have to
be careful to disclaim that it was giving anything that might be
construed as legal advice, or inducements to infringe patents (valid or
otherwise); but just as a data repository of data that might or might
not be accurate. Followups on this should go elsewhere, as it's not
really a kernel issue.

- Ted

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