Alvaro Herrera wrote:
>> Hasn't IBM release a pile of it's patents for use (or at least stated
>> they won't sue) to OSS projects? If so, is this patent covered by that
>> "amnesty"?
>
> This is useless as a policy, because we have plenty of companies basing
> their proprietary code on PostgreSQL, which wouldn't be subject to the
> grant (EnterpriseDB, Command Prompt, Fujitsu, SRA). We do support them.
More specifically, it is then up to the 3rd party (non-OSS) developers
to clear the patents. It's not the PgSQL team's problem in this case
(assuming it's the case at all).
>> Simply ignoring patents because "there is a patent for everything" is a
>> recipe for disaster. Companies like MS are running out of ways to tear
>> open OSS and they are certainly not above (below?) suing the heck out of
>> OSS projects for patent infringement.
>
> It has been said that unknowingly infringing a patent is much less
> problematic than knowingly doing same. We don't have the manpower to
> implement the whole Postgres without infringing a single patent, so the
> best approach is to refrain from researching possible patents applying
> to us in the first place.
>
> If people comes here and points at patents that we infringe or may
> infringe, it will cause much more (useless) work for hackers which then
> have to search alternative ways of doing the same things.
"Plausible Deniability" and all that jazz. There is another truism
though; "Ignorance of the law is no excuse". Besides, claiming ignorance
doesn't keep you out of the courts in the first place. The people who
would attack OSS applications generally have very, very deep pockets and
can run a project out of money before the trial was over. They could do
that non-the-less (SCO, hello?) but I still suggest NOT tempting fate.
It's unfortunate that this legal mess causes the developers more
headaches than they need, but it still can't be ignored, imho.
>> What's needed is reform in the USPO. Call you congress (wo)man and
>> complain, but don't flaunt the law; you will lose.
>
> I agree. However, I am not an US inhabitant in the first place, and
> bless my parents for that. Heck, I was even denied a visa -- twice.
> Please do us all a favor and write to your congresspeople.
Heh, I'm not an American either, so I can't do anything but shake my
head (and be equally glad that my own personal OSS program is here in
Canada).
American industry wonders why they are losing so many IT positions...
It's such a difficult and unfriendly environment there for anyone but
the biggest companies. Far too litigious.
Madi
