[pchelpers] News:Experts say Microsoft's patent quest won't go far

By Stephen Shankland, CNET News.com 
Published on ZDNet News: May 16, 2007, 4:02 AM PT


Microsoft's accusation that the open-source software industry has
infringed 235 Microsoft patents has spotlighted a difficult issue: how
aggressively should a company police itself for patent violations?  

Microsoft said it released the tally--though not the 235 specific
patents--in an effort to bring open-source companies to the table to
hammer out intellectual property licensing deals similar to the one
struck by Linux seller Novell in 2006. But industry experts said the
declaration's implicit demand--that companies with open-source software
should figure out what Microsoft patents they're infringing and come to
the negotiating table--is unrealistic at best. 

In general, searching for potential software patent violations isn't
practical, given the number, breadth and opacity of patents in the
United States. Not only that, but it's at odds with Microsoft's own
policy to wait for patent holders to get in touch with it if they think
there's infringement. 

In fact, searching for potential patent problems can actually leave a
company financially exposed: if a lawsuit concludes a patent was
infringed, a company or individual that knew about the potential
infringement must pay triple the financial damages compared with an
unknowing infringement. 

More here:
http://news.zdnet.com/2100-3513_22-6184062.html
-- 
John Durham
Site http://modecideas.com
Server hosted on Ubuntu 4.10
Good advice is like good paint. It only works when applied.



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