[Mageia-dev] Mirror layout

Fri Dec 17 05:43:06 CET 2010

Ernest N. Wilcox Jr. a écrit :
+>
+> I will not enter into the argument that it is not illegal untill the patent holder comes after you.
+
+Strictly speaking, it is not illegal until the patent holder decides to 
+demand compensation, the user refuses to pay, and a court upholds the 
+patent holders (claimed) civil right.
+Most patents are NOT valid.  Patents are issued on the basis of not 
+conflicting with other patents, not on the basis of validity, which 
+would include among other factors, prior art (originality).
+
+Remember that Microsoft has a patent on certain essential elements of a 
+spreadsheet - obtained long after the first spreadsheet.  (Which wasn't 
+produced by Microsoft.)
+
+And patent holders could decide that it is not in their interest to 
+demande compensation.
+Mpeg is an excellent example.  By pushing free software to not use mpeg, 
+they would be discouraging the use of those standards, which would lead 
+to more use of alternatives, even among users that (directly or 
+indirectly) pay royalties for the use of mpeg.
+
+So yes, it is definitely NOT illegal, in itself, to use software subject 
+to patent claims without paying royalties, in those countries with 
+software patents.
+
+> To my way of thinking, that feels very similar to saying that stealing is
+> not a crime untill you get caught.
+
+Before accusing someone of stealing, one has to ensure that someone else 
+has ownership rights (legitimate patent), and is willing to exercise 
+them (and demand royalties).
+Even legitimate patent holders are permitted to allow free usage, just 
+as you are free to give away anything you own.
+