On Wed, Jul 25, 2018 at 11:45:58AM -0400, Chapman Flack wrote:
> On 07/25/2018 11:25 AM, Nico Williams wrote:
>
> > I don't understand why it's not obvious that one can unknowingly and
> > accidentally re-invent someone else's idea.
>
> It's perfectly obvious. It's the chief reason the whole topic
> of software patents has been deeply controversial for so long.
Thanks.
> You seem to be using it as part of a proof by contradiction:
wat
> One can unknowingly and accidentally reinvent
> a patented idea.
>
> If that were not tidily excused in practice,
> software patents would be deeply problematic.
> ----------------------------------------------
>
> Therefore, it must be the case that unknowing and
> accidental reinvention is tidily excused in practice.
>
> I don't think it works.
I didn't say it's excused. The damages that can be awarded are just
three times less. In practice it is common to settle for no longer
infringing.
What are you proposing anyways? That every commit come with a patent
search?
Nico
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