[mythtv-users] "Odometer" Threads

[Gabe Rubin]

On Feb 7, 2008 7:34 AM, Brian Wood <beww at beww.org> wrote:

> I realize logic doesn't enter into it, but:
>
> If I plan to make a product for sale, I can be expected to make a
> diligent search to see if I might be infringing a patent.
>
> If I build something for myself in my basement shop, or create a science
> fair project, I don't see where I can be expected to incur the expense
> of a patent search.
>

And why would that matter?  You are either infringing the patent or
not, regardless of whether you knew there is a patent or patents out
there you are infringing.  The only place where the issue of whether
you knew about patents or not is to determine whether your
infringement is willful (up to treble or triple damages) or not
(ordinary damages, such as a reasonable royalty or the patentee's lost
profits).