[mythtv-users] "Odometer" Threads

Brian Wood beww at beww.org
Thu Feb 7 16:41:29 UTC 2008


Gabe Rubin wrote:
> 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).

I suppose "ignorance of the law is no excuse", but in the case of 
something so obvious...

The whole patent system would seem to be sort of broken.

beww


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