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On 08/29/2010 10:01 PM, Matthew Gillen wrote: > On 08/29/2010 05:55 PM, Edward Ned Harvey wrote: >> Google *wants* to fight over it. They're going to say that since sun >> released proprietary software under GPL, it invalidates their patents. >> Oracle inherited all this from sun, and oracle is going to say, that they >> have patented technology that they chose to allow for free public use, >> under certain conditions, and google chose to use it anyway under >> different conditions. >> >> If google wins, it will strongly discourage other proprietary softwares from >> being released under GPL, or any open source license. > > I highly doubt that Google would argue that line of reasoning. Companies > give royalty-free-but-restricted-in-some-ways licenses to their patents all > the time (recent example: MPEG-LA's H.264 patents; > http://www.pcmag.com/article2/0,2817,2368359,00.asp). It's pretty well > established that doing so does not invalidate the patent (you can trust that > MPEG-LA wouldn't do anything to put their patent-trolling at risk). > > Google should, before moving on to other arguments, challenge the validity "...in other ways (e.g. most appear to have lots of prior art)." is how I intended to end that sentence.
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