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No Legal Advice

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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Failure to mark is a defence | 191 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The best comedy is true
Authored by: Anonymous on Monday, January 07 2013 @ 06:51 AM EST
I'm not sure how that is actually wrong by a strict reading of the law as it
currently stands.

[ Reply to This | Parent | # ]

New licensing clause
Authored by: JK Finn on Monday, January 07 2013 @ 09:31 AM EST
I don't know how you software programmers are going to write software any more.

Easy, just leave US out of the picture for now.

"Not licensed to use where installation and/or usage could be construed as a patent infringement under local jurisprudence."

JK Finn

[ Reply to This | Parent | # ]

Now you know why the Amish will never buy internet connected refrigerators.
Authored by: Anonymous on Monday, January 07 2013 @ 01:20 PM EST
Back in the 1970s National Lampoon brought out a special
magazine with a fold out map of North America. Way up in
northern Canada was an area marked as "Amanaland".

--

Bondfire
for all you non-americans, Amana used to be a big
manufacturer of home refrigerators and freezers.

"'A' is an artist out for a walk"
"'B' is a bore that engaged him in talk"

[ Reply to This | Parent | # ]

Patent warning for our readers
Authored by: luvr on Monday, January 07 2013 @ 02:44 PM EST
“Obviously, automated updates are out of the question.Obviously, automated updates are out of the question.”
Obviously, indeed... They're patented!

[ Reply to This | Parent | # ]

Patent warning for our readers
Authored by: AntiFUD on Monday, January 07 2013 @ 08:26 PM EST
Very amusing!

I really think that you should submit it to EFF or a similar entity, i.e.
someone who regularly submits amici briefs. Not sure if there is a potential
problem of your being on the opposite side of the Atlantic! Perhaps you could
license your submission CC and/or send it to a friend in the USA (to submit it
on your behalf).

The idea being that, IMHO, both the CAFC and the SCOTUS could benefit from
reading it.

As they say, "Many true words are spoken in jest!"


---
IANAL - Free to Fight FUD - "to this very day"

[ Reply to This | Parent | # ]

Failure to mark is a defence
Authored by: celtic_hackr on Tuesday, January 08 2013 @ 09:45 AM EST
If the person who created a patented work has not marked it, you cannot know if
you are violating a patent. By not marking a patented device you may improperly
induce infringement. that's why you see patent numbers on products, and patent
pending markings on devices.

Not sure what impact this would have were you sued for violating a patent. But
that would be my first line of defence.

But, IANAL, and so don't know whether or not such a defence would work. I know
this, that it is one defence sued by some of the really smart lawyers that
Groklaw has followed.

Just wanted to clear the FUD air on this. As a final note, THere are legal
notices in MS software which indicate they may have patents, and such, but no
application I've ever looked at lists any patents for it, with one exception.
The old Lempel-Ziv patent was marked.

See 35 U.S.C. ยง287(a) for more information. I don't know what use such a defence
would be, but if you are ever in such a situation make sure your lawyer examines
this possible defence which would limit damages at the least.

[ Reply to This | Parent | # ]

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