[mythtv-users] "Odometer" Threads
Jay R. Ashworth
jra at baylink.com
Thu Feb 7 16:46:39 UTC 2008
On Thu, Feb 07, 2008 at 08:34:57AM -0800, 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
It matters because the common law requires that government interference
with private action be justified to one degree of stringency or another
-- read SCOTUS decisions for more on this aspect.
The purpose of patents is to encourage commercial development of novel
inventions by protecting someone's commercial right of exploitation.
I see no major impact on TiVo from a single person building a PVR.
And don't get me started on contributory infringement; it's a
will-o-the-wisp promulagated by Big Corporations to increase their
financial reach, in accordance with their (required) sociopathic
behaviour. It's not *real*.
Jay R. Ashworth Baylink jra at baylink.com
Designer The Things I Think RFC 2100
Ashworth & Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA http://photo.imageinc.us +1 727 647 1274
Those who cast the vote decide nothing.
Those who count the vote decide everything.
-- (Joseph Stalin)
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