[mythtv-users] tivo patents cover mythtv?
Gabe Rubin
gaberubin at gmail.com
Sun Mar 7 23:11:51 UTC 2010
On Sat, Mar 6, 2010 at 11:21 AM, Mark Knecht <markknecht at gmail.com> wrote:
> 1) It's not a complete solution. It's a piece of software. It couldn't
> violate the patent until someone takes it and combines it with
> hardware. Just because someone _could_ take Myth software and create a
> device which violates the Tivo patent doesn't mean the software itself
> is in violation. This is the BitTorrent argument. There are legal uses
> for BitTorrent even if individuals break the law using it to share
> music so BitTorrent continues to enjoy legal protection.
>
I have no idea whether mythtv installed on a computer infringes the
patents or not. I have not read the patents nor analyzed the myth code
or its algorithms (however, I will tend to trust the words of Daniel
Kristjansson when he says it does not infringe). But if it does
infringe, then it does not follow that there is no liability for just
supplying/developing the software component; the patentee could bring
a cause of action for inducing infringement (i.e., distributing the
software with the intent to have someone else do the actual
infringement and thereby contributing to that infringement).
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