From: Matthew P. OReilly <moreilly_at_moreilly.com>
Date: Tue, 20 May 2003 19:23:52 -0400

IANAL either, --BUT-- AFAIK/IIRC, with regard to US law, if someone patents
something, then that patent is challenged (and won) in court, the patent and
all royalties from that patent are automatically applied to the author/owner
of the prior art.

I think that perhaps proving that they got the idea from you would be part
of this, but I'm not sure.

Matt

-----Original Message-----
From: owner-rockbox_at_cool.haxx.se [mailto:owner-rockbox_at_cool.haxx.se]On
Behalf Of Jonah, Jim
Sent: Tuesday, May 20, 2003 3:26 PM
To: 'rockbox_at_cool.haxx.se'
Subject: RE: Rockbox Intellectual Property question


IANAL,

Since you've "published" the work it's now prior art. The question is, will
the patent office find this work when they do the search? Based on the
patents they are issuing they are not doing a good job of searching.

The best way to protect it is the file for a Patent (defensively) yourself.
You can always assign stewardship of the patent to an organization such as
EFF, etc. and a declare it for free for use in open source projects. You
could also do a dual license - free for open source, pay for non-open
source, non-free usage. You could have the revenues go to your favorite Open
Source organization to fund pro-open source lobbyists (which, sad to say,
will be required in the near future, I fear).

Even when prior art exists many companies just won't spend the 500k or more
it takes to fight it in court. So I wouldn't count on prior art protecting
your excellent idea.

Jim

(My personal opinions - they may or may not my employers opinions)
Received on 2003-05-21