On Fri, 22 Dec 2006 12:59:21 +0100, Erik Mouw said: > On Thu, Dec 21, 2006 at 01:16:15PM -0500, [EMAIL PROTECTED] wrote: > > At least nVidia *does* actually Get It, they just don't have a choice in > > implementing it, because all their current hardware includes patents that > > they licensed from other companies (I believe some of the OpenGL stuff that > > originated at SGI and got bought by Microsoft is involved, but I have no > > hard references for actual patent numbers). And then they have the big > > problem - do they keep using the patent in order to boost performance, > > or no? > > Wasn't the whole idea about patents that you publish your invention?
(Argh - I was too busy coming down with the flu to carefully read what I wrote, and as a result I was a tad less that totally specific and accurate. Hopefully I get it closer to right this time. ;) Patent licenses are also a good place to hang all sorts of side agreements on - and I'm pretty sure that the *actual* intellectual property involved is a witches' brew of patents, copyrights, and trade secrets, all wrapped up with a nice "thou shalt not disclose *any* of it" wrapper. In any case, there isn't much that *any* company can do to open-source something when they've got any sort of legally binding NDA attached to 3rd-party intellectual property. At best, they can design an entirely new product that totally avoids the IP in question - but as I noted last time, the company *does* have to do a sanity check when 90% of the market doesn't care in the slightest.
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