[theora-dev] Re: [libdv-dev] DV format patent status
arc at xiph.org
Tue Feb 10 12:24:18 PST 2004
On Tue, Feb 10, 2004 at 11:35:24AM -0800, Jay Sprenkle wrote:
> 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.
IANAL, but I disagree. If they're part of publishing a standard, and
fail to disclose patents which cover it, I believe the act of publishing
the standard w/o patent claim whereas the standards body makes it a
requirement... this should neuter any patent claim they later seek
because they are, in effect, stating that they own no patent which
covers the work.
Also, if the standards body states that members must disclose patents,
they are in fact advertising that "unless otherwise noted, no patents
cover any of the standards we publish". If someone implements a
standard they publish, and are sued, it's more than a legal issue. That
body looses reputability, which makes it in their best interest to get
involved with the issue from the start .. either to defend the sued
party, or to bring action against the member who was in violation of
publishing the existance of their patent.
But again, IANAL, and it'll be interesting to see what the EFF has to
say about all this.
--- >8 ----
List archives: http://www.xiph.org/archives/
Ogg project homepage: http://www.xiph.org/ogg/
To unsubscribe from this list, send a message to 'theora-dev-request at xiph.org'
containing only the word 'unsubscribe' in the body. No subject is needed.
Unsubscribe messages sent to the list will be ignored/filtered.
More information about the Theora-dev