RE: GraphicsMagick & LZW compression

I think that marking the binary packages "Warning: Not for use in
[country list] due to patent restrictions" and having the installer display
a similar warning should fulfil your obligation with regard to Unisys patent
rights. It is not reasonable that the possibility that some person will
import the software to a country where Unisys still has a patent should
prevent someone from using the patented invention in the United States.
Taking
that position would make the expiration of the US Patent meaningless when
it is the clear intention of the patent system that the invention should be
freely available after the patent expires. I agree with Glenn that it is the
responsiblity of the importing party to insure that the item he is importing
does not infringe any patents. US Customs siezes tons of items every year
that
infringe US patents, trademarks, and copyrights.

I suggest sending a registered letter to Unisys' corporate office. Expain
that you distribute an image processing product via the Internet and plan to
add
support for their recently expired patented method of GIF compression
(provide patent
numbers). State your understanding that Unisys still has patent rights in
some
countries and your concern to help protect their rights in
these countries. Propose to display a prominent notice that the product
is not for use in those countries. Ask if they consider these measures
sufficient,
or if not, what they do consider sufficient. Request a list of countries
where Unisys
still holds patent rights and the expiration dates so that you can help to
protect their
patent rights.

> -----Original Message-----
> From: [email protected]
> [mailto:[email protected]]On Behalf Of Bob
> Friesenhahn
> Sent: Tuesday, June 17, 2003 3:58 PM
> To: GraphicsMagick Core
> Subject: [GM-core] GraphicsMagick & LZW compression
>
>
> 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.
>
> Thanks,
>
> Bob
> ======================================
> Bob Friesenhahn
> [email protected]
> http://www.simplesystems.org/users/bfriesen
>
>
>
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