Educause Security Discussion mailing list archives

Re: OT: Software patent FUD?


From: Jay Fowler <fowler () CSUFRESNO EDU>
Date: Wed, 7 Dec 2011 16:12:49 -0800

----- Original Message -----
From: "Steve Bohrer" <skbohrer () SIMONS-ROCK EDU>
To: SECURITY () LISTSERV EDUCAUSE EDU
Sent: Wednesday, December 7, 2011 3:10:26 PM
Subject: [SECURITY] OT: Software patent FUD?
I expect most of us are not lawyers, and I'm not either, but I just
wanted to check on a common sense level (Not, of course, that common
sense is necessarily relevant to legal action.)
It took Tivo 6 years to prove their "time warp" patent was infringed on. Common sense and I am sure Tivo could not 
prove which customers were infringing on their patents > For example, if I buy a GM car, and then someone sues GM for
infringing a patent, I'm pretty sure they can't come after me and sue
me as a patent infringer just because I was driving my car. I don't,
as far as I know, need any special language in my car-buying-contract
to protect me from any patent sins that GM might have committed. If
someone does successfully sue GM over a patent issue about my car, and
GM can't settle, would I then need to stop using the infringing car?
That could be a hassle, but is still much a much lesser problem than
being sued as an infringer. Even if it came to loss of the car, seems
like GM would owe me a refund, since they'd sold me a car that turned
out to not be usable.
Steve Bohrer
Network Admin
Bard College at Simon's Rock
413-528-7645
-- “The trouble with quotes on the internet is that it’s difficult to determine whether or not they are genuine” - 
Abraham Lincoln

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