On 2006-11-03 22:58, John E. Perry wrote:
Darryl Gregorash wrote:
... I won't even comment on the drivel that suggests Novell *can* dump patented code into the kernel, then assert patent rights over the kernel,
OK, then I will.
You don't seem to understand that a patent gives the holder a right to sue anyone who, in the eyes of the holder, violates the patent. And a patent is _supposed_ to be novel, but who verifies that it really is novel? Certainly not the patent bureaucrats, who haven't had a clue for
"Your Honour, here is the record showing that Novell introduced the alleged infringing code into the kernel source on <date>." That's like me borrowing your axe to chop down my front door, then having you charged with break and enter.
Don't be surprised when Microsoft, with Novell's full support, starts suing distributions over obscure kernel code violating some recent patent, and don't think it'll be easy to get it dismissed simply because the code was there long before the "new" patent was granted. Our brave new court system doesn't work that way, and Microsoft has nearly
Well, you guys are all certain and sure of all this -- but you are completely ignoring other very large players. Torvalds and Moglen are not the only players with a vested interest in seeing open source survive intact, and some of them are at least as big as Microsoft. Those of you who are so certain that Novell and Microsoft are going to cook up some big conspiracy to litigate open source software out of existence seem to be unable to grasp the fact that those very people with those vested interests are going to be *very* interested in seeing that that does not happen. I am quite familiar with the brave new judicial system in the USofA -- litigate the other guy into bankruptcy, then declare a victory. Microsoft tried that when they tried to enforce their idiotic trademark claim to the word "window(s)", and it failed.
I don't. I hope for Novell's integrity, without feeling very confident. I'm dead certain that even if Novell is playing it straight, Microsoft is not, and there's big trouble ahead. I have not once suggested, nor will I do so, that there is no trouble ahead. But I am clearly a lot more confident about that future than most of you.
And my bottom line is, if it comes down to it, I quite frankly don't care one iota what does happen in the great USofA, because fortunately, most of your idiotic patents are not enforceable in Canada or elsewhere -- Linux will survive , even if no American can legally use it.