Re: Microsoft Patents Serializing Objects To XML And Sending T
Bullard, Claude L (Len) wrote: > Which simply means that for the good of the community and > protection against predatory acts: > > o Open source with clearly documented antecedents is > the best practice because of transparency, auditability, > and traceability. > > o Software source management tools should be used as > evidence in patent cases to reduce the costs of litigation. I'm curious as to why you think these would help defend a patent lawsuit. IANAL, but my understanding is that independent reinvention is NOT a defense to a patent action. If you implement a patented algorithm, even inadvertently, you've infringed the patent. Copyright of course is a different ballgame, and being able to prove where your code came from should protect against copyright infringement claims. Jim
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