[mythtv-users] tivo patents cover mythtv?

[Brian Wood]

On Sunday 07 March 2010 04:11:51 pm Gabe Rubin wrote:
> 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).

Unless the intent was to deprive the patent holder of revenue, I think it 
would fall under the "experimental and personal" umbrella.

Most myth users would probably be classed as "experimenters", unless they are 
selling complete systems, but IANAL.