OASIS Mailing List ArchivesView the OASIS mailing list archive below
or browse/search using MarkMail.

 


Help: OASIS Mailing Lists Help | MarkMail Help

 


 

   Re: [xml-dev] Microsoft Patents Serializing Objects To XML And Sending T

[ Lists Home | Date Index | Thread Index ]

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




 

News | XML in Industry | Calendar | XML Registry
Marketplace | Resources | MyXML.org | Sponsors | Privacy Statement

Copyright 2001 XML.org. This site is hosted by OASIS