[theora-dev] Re: [libdv-dev] DV format patent status

Jay Sprenkle cupycake_jay at yahoo.com
Tue Feb 10 11:35:24 PST 2004



> > Wouldn't the patent office be THE source for
> > patent information? Failing to find anything in
> > a secondary source doesn't seem to prove much
> > should there be legal hassles later.
> 
> I may be wrong, but don't most standards bodies
> require that members 
> disclose any patents they hold in the standards
> docs?  Panasonic is part 
> of the consortium that put together DV in the first
> place, so.....

Their failure to abide by their own rules,
or failure to do so in what you consider a
timely manner, will not help you when you're
standing in front of the judge arguing why
you own the rights to this. He will say "Why didn't
you ask the patent office about patents?"

Is this consortium legally bound to disclose?
Are there any penalties specified if they fail
to do so? Even if they are, can you actually
sue them and win any remuneration if they
fail to disclose? Trusting a secondary source
for this is asking for trouble.

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