Re: OT: Software patent FUD?

[Tracy Mitrano <tbm3 () CORNELL EDU>]

Without collusion or intent, you are probably on safe ground, Steve, but one would need more facts before knowing for 
sure.  

Tracy

On a mobile device, please excuse typos.  

On Dec 7, 2011, at 6:10 PM, "Steve Bohrer" <skbohrer () SIMONS-ROCK EDU> wrote:

> 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.)
>
> As far as software patents go, my basic thought is that there is a big difference between being a consumer of 
> infringing software, vs. being a developer of the infringing software. I'd always assumed that buying a commercial 
> product meant you did not have any particular responsibility for any potential patent infringement problems of the 
> product.
>
> 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