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- Path: sparky!uunet!cs.utexas.edu!swrinde!dptspd!fezzik!fcircus.sat.tx.us!Ty_Sarna
- From: Ty_Sarna@fcircus.sat.tx.us (Ty Sarna)
- Subject: Re: XPR-Bidirectional
- References: <1992Nov19.182927.21976@freenet.carleton.ca>
- Newsgroups: comp.sys.amiga.datacomm
- X-NewsSoftware: BBX-UMB 0.26c beta (Nov 19 1992)
- Message-ID: <Ty_Sarna.0kqd@fcircus.sat.tx.us>
- Date: 21 Nov 92 22:41:48 CST
- Organization: The Flying Circus Amiga BBX, San Antonio, Texas
- Lines: 57
-
-
- In <1992Nov19.182927.21976@freenet.carleton.ca>, aa302@Freenet.carleton.ca (Russell McOrmond) writes:
- > a) A patent does exist, and we can not find it. So, someone programms an
- > XPR bi-modem and gets sued for it once it is released. Not only do they
- > loose money from the lawsuit, but the protocol is still not available, and
- > all time has been wasted.
-
- It should be trivial to find out if there is a patent. In fact, I
- believe paent holders are required toprotect their patent by mentioning it.
-
- > b) The patent does not exist and someone does not attempt to get one: A
- > retroactive scenario of the first possibility exists.
-
- A retroactive situation can not exist by definition of a patent. If
- another implementation was already in use or existed, it would qualify
- as Prior Art, rendering the patent null.
-
- > c) someone tries to get a patent for the protocol, and in doing so ends
- > up in a legal battle with some other author.
-
- Same as above.
-
- > The statement is this *WHY BOTHER*!! I can't see that any single protocol
- > implementation is worth the possible legal hassles if the specifications
- > are not already released to the public domain. It would be much easier for
-
- Point is, if it IS a patented protocol, all of the above points could
- very likely STILL apply to ANY OTHER protocol we might choose to
- implement. So, why don't we do the legwork first, and if there is not
- patent then we might as well do BIMODEM, and if there is, we have to
- examine the impact (if any) that the patent has on ALL bidirectional
- file transfer protocols.
-
- > protocol is released to the public domain so that someone can't try to
- > screw everyone over.
-
- A patent can't be in the "public domain". Something is either patented
- or it isn't. The patent may in fact be "freeware" in effect (like one
- of the Unix authors (I think it was Ritchie) did with a unix techniqued)
- due to the author declaring that there is no license fee, but the
- technique is still patented.
-
- > Now, if someone else wants to do the foot-work to get the protocol's patent
- > released to the public domain, then please do so. I doubt if any of the
-
- Are you certain it's patented? If so, it's VERY important that we
- investigate the patent before anyone decides to do ANY bidirectional
- protocol, since it may be covered under the patent. We could likely get
- the patent overturned on triviality for a broad patent or sinply do
- things diferently for a very specific one, but we STILL need to
- investigate. Do you see my point?
-
-
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- :: Ty Sarna, Postmaster The Flying Circus BBX, San Antonio, TX ::
- :: Ty_Sarna@fcircus.sat.tx.us 512/697-9134 (USRobotics Dual Std) ::
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-