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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Mistranslation or different topic | 300 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Mistranslation or different topic

Authored by: old joe on Tuesday, June 05 2012 @ 06:29 PM EDT

The GPL is trying to do this. The 'liberty or death' clause means that if you
win a patent case against a GPL licensee they have to stop distributing the
infringing code (because it is infringing and isn't GPL licensed). This means
the patent owner can't extract an ongoing per unit rent from GPL code.

Notice that MS is willing to send out letters but doesn't go to court (See
amazon, samsung, HTC) and when it does it settles before the court decision (see
Nook). MS v Motorola should be fascinating. Settlements are all under NDA
because if they weren't then holders of kernel copyrights could get an
injunction stopping amazon, samsung, HTC from distributing their code. That
would be an interesting court case.

My guess is the deals with MS are couched in general terms licensing all MS
patents to the companies but not identifying any particular android component as
infringing to try and get round this. Maybe we will see one day.

[ Reply to This | Parent | # ]

Mistranslation or different topic - Authored by: old joe on Tuesday, June 05 2012 @ 06:36 PM EDT
- Mistranslation or different topic - Authored by: Anonymous on Tuesday, June 05 2012 @ 07:42 PM EDT
  - Mistranslation or different topic - Authored by: Anonymous on Thursday, June 07 2012 @ 12:19 AM EDT

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