Linked by Thom Holwerda on Mon 6th Oct 2008 10:37 UTC, submitted by John Mills
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Yeah, especially when individuals aren't legally responsible for patent infringements (real or imagined) in products they have "purchased".
Unfortunately, AFAIK that is not what the law says.
If a company can show a patent infringement in a product, or even show a cause to believe there is a patent infringement, then the patent holder can force the alleged infringing product to be removed from the market.
That means being able to recall products that are out in the market, in use. Owned by ordinary people who bought them in good faith.
Fortunately, this works two ways. If Microsoft actually tried this against Linux users, then Linux (in the form of the Linux foundation and the SFLC) would counter-suit, and allege that windows infringes patents held by the Patent commons and the open Invention Network. The counter-suit would just as easily be able to force people to stop using Windows.
Clearly, that isn't going to happen. Therefore, Microsoft will not sue.
However, it would appear that Microsoft are still very interested in being able to make threatening noises about the possibility that they would sue (just as they have already done for many a year now).





Member since:
2005-08-18
Yeah, especially when individuals aren't legally responsible for patent infringements (real or imagined) in products they have "purchased".