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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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Independent Creation | 221 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Sort of SCO v. IBM all over again
Authored by: Ian Al on Thursday, October 18 2012 @ 11:18 AM EDT
Something tells me we won't need a ten year's supply of popcorn, this time.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

Independent Creation
Authored by: rsteinmetz70112 on Thursday, October 18 2012 @ 12:27 PM EDT
Independent Creation has nothing to do with Free Software. It has to do with
coming up with the same result without copying.

I don't know if Red Hat has the actual source code of the alleged copied program
yet, in any event it will probably be under seal or at least not part of the
public record.

Since the function is largely governed by specifications and since there are or
were other implementations (including BSD) which could be taken private or
licensed and since Red Hat although a contributor to the package did not
originate it, there remains a question of exactly what Red Hat software Twin
Peaks copied.

This may be somewhat similar to the issues in Google Oracle copyright
infringement, although it is somewhat removed from the API claims.

But then I may misunderstand this issue.

In the end it's all about making Red Hat prove it's allegations.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

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