[mythtv-users] "Odometer" Threads

Steve Smith st3v3.sm1th at gmail.com
Thu Feb 7 15:44:57 UTC 2008


On 07/02/2008, Brian Wood <beww at beww.org> wrote:
>
> Mike Perkins wrote:
> > Jon 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)
> >>
> > I don't think that would fly. If I made myself a box, which "more or
> less"
> > duplicated the functionality of a TiVo, then they could argue that I
> have in
> > fact made a "profit" in that they are out the cost of the box I didn't
> buy from
> > them. Thin, maybe, but the way lawyers split hairs these days...
>
> 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.
>
> But as I said, logic probably has nothing to do with it.
>
> bewww
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>

As far as myth is concerned though, I think at the end of the day though it
comes to money
there's no point in going after individual users you'd get no return.
I suppose they might go after the ISP hosting the website...

More likely they'd go after the capture card manufacturers who after all
bundle PVR software with their cards and can be expected to have some money.


We could hope that they try it on with Microsoft... somehow I think I know
who'd win that one!
(Who'd have thought it Microsoft could be good for an Opensource project!
;-) )

What puzzles me though is, if there's all this prior art, how come Tivo
still won the case against Dish?

Cheers

Steve
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