Ben Finney <[EMAIL PROTECTED]> writes:

> Whether the technology is covered by a patent, I can't say, as I'm
> not a judge in a patent-violation suit.
> 
> I claimed that the technology is *encumbered* by a patent, in that
> there is a patent claimed on the technology that is at least similar
> to the implementation, encumbering the technology and those who
> would implement it with the prospect of a very expensive law suit to
> determine whether the patent actually covers the technology.

With the corollary that, if *nobody* had to ever go through anything
to find out whether the technology is covered by the patent — for
example, if the patent holder granted everyone in the world a
royalty-free license to implement the described technology for any
purpose whatsoever without even knowing the patent existed — then the
technology would *not* be encumbered by that patent.

So "is covered by patents" is less relevant to my argument than "is
encumbered by patents".

-- 
 \         "I was arrested today for scalping low numbers at the deli. |
  `\                  Sold a number 3 for 28 bucks."  -- Steven Wright |
_o__)                                                                  |
Ben Finney


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