[mythtv-users] "Odometer" Threads

Gabe Rubin gaberubin at gmail.com
Thu Feb 7 01:49:25 UTC 2008


On Feb 6, 2008 5:44 PM, Jon <jon.the.wise.gdrive at gmail.com> wrote:

>
> As I understand it, in order to be infringing on a patent, you have
> to have a retail product that you are making profits off of. I
> believe that personal, not for profit, use is allowed under US patent
> law (but I'm not a lawyer, so don't take my word)
>
> ~Jon

Incorrect.  See 35 USC Sec. 271 ("whoever without authority makes,
uses, offers to sell, or sells any patented invention, within the
United States or imports into the United States any patented invention
during the term of the patent therefor, infringes the patent.").

Just making a patented device without authorization, even if you never
show anyone, is infringement.  There is a question of how much damages
could actually be recovered, but it is infringement.  This is not to
be taken as legal advice though.


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