> >IBM can NEVER sue customers for using infringing
> >code before first informing them of infringement and
> >giving reasonable time to upgrade to uninfringing
> >version.
That's not true. If you *knowingly* violated a patent IBM can sue you for the
damages caused. If you weren't aware of the patent then IBM can only ask you
to cease the infringement and can only then sue for damages caused after that
point in time.
Though in the given situation I don't see how IBM could argue any damages.
It's not like they have any licensing business for ARC nor would anyone be
willing to pay for a license to ARC. There are plenty of other algorithms that
are perfectly passable.
Of course, IANAL and all that. But I'm sure legal advice from this mailing
list is worth every penny you've paid for it :)
"Joshua D. Drake" <[EMAIL PROTECTED]> writes:
> I can see it now:
>
> We won't sue you (customer) but you have to upgrade
> to DB2 ;)
Heh.
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