Re: [hercules-390] Re: posting styles and licensing

On Sun, Oct 12, 2003 at 11:51:03AM -0400, Peter D. Ward wrote:
> >One thing I must note: I have not, and will not, read any patent which is
> >alleged to be infringed by Hercules, and I strongly recommend no other
> >Hercules developer do so. It is a matter of law that someone who is not a
> >patent attorney is not competent to decide if a patent is being infringed,
> >and attempting to do so makes one liable for willful infringement - with
> >treble damages. (I'm not just making this up; I've been told this by several
> >patent attorneys, and it is a bit of commonly accepted wisdom.)
> You are worried about treble damages, but not worried about regular 
> damages?   How inconsistent is that?

Because if, somehow, IBM decides to pursue Hercules for an alleged patent
infringement, and a court finds that there are recoverable damages, I see no
reason to treble them for the tiny benefit to be gained by having read the
actual patents. It's not worth anything to me above and beyond the idlest of
curiosity.

I've said it before, and I'll say it again: Unless and until IBM complains,
it's not an issue. IBM is the only entity that has standing to complain of a
patent infringement. Neither FSI nor you have such standing.

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