Re: GraphicsMagick & LZW compression

Bob Friesenhahn wrote:
> 
> The UNISYS patent on LZW compression will expire in the US on June 20.
> It expires a year later in Canada, Japan, and several European
> countries (see http://www.unisys.com/about__unisys/lzw/). I would very
> much like to offer LZW-enabled binaries to GraphicsMagick users who
> reside where the LZW patent has expired, or was never in effect.
> 
> It seems to me that if the LZW-enabled binaries are distributed from a
> US site, and are clearly indicated to require a Unisys license for any
> use in a country where the patent still applies, that we would not be
> infringing on the Unisys patent.  Binaries without LZW support would
> be offered for users who reside in a country where the patent is still
> in effect, or want to offer mirror service from a site in an effected
> country.
> 
> The technical means is not available to keep users from a protected
> country from downloading LZW-enabled software from a site in a country
> where the patent is not in effect.  In my opinion, if a user tranports
> the binaries across a border (which is what an Internet download from
> one country to another is) the user bears responsibility for importing
> the software, and must observe the patent.
> 
> If anyone knows of a case where a court has upheld a different
> viewpoint, and its decision was not overturned, I would like to hear
> about the case.

Google "contributory patent infringement" turns up a large pile of documents,
including

http://216.239.33.100/search?q=cache:2U4qCKxK_iIJ:www.capatents.com/downloads/O29.pdf+patent+contributory+infringement&hl=en&ie=UTF-8

Not an example of an actual case, but a pamphlet on "Advantages of seeking patent
protection in Canada in view of NAFTA".  Bottom of page 3, top of page 4 talk
about being able to sue the Canadian infringer along with a US contributory infringer,
which describes our situation almost exactly.

I am not an international patent lawyer.

Glenn


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