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Twin Peaks v Red Hat - Look Both Ways Before Crossing ~mw http://www.groklaw.net/article.php?story=20120913073511444 Friday, September 14 2012 @ 07:30 AM EDT When we were little we were taught to always look both ways before crossing the street. The same lesson should be learned by companies that make software but choose to assert their patent(s) against others. Any time you make a claim of patent infringement and you are a producer you face the possibility of counterclaims unrelated to your patents, and those claims are not limited to patent infringement claims. This is a lesson now being learned by Twin Peaks Software in what may be the most important GPL enforcement action to date. Twin Peaks, having sued Red Hat and Red Hat subsidiary Gluster for patent infringement, now faces a counterclaim for copyright infringement for including critical GPL code in its products while failing to comply with the GPL. If Red Hat is successful on that claim and obtains a permanent injunction, which it is requesting, Twin Peaks could be out of business. Six months ago Twin Peaks launched a patent infringement suit against open source Red Hat and its recently acquired subsidiary, Gluster, maker of the Gluster file system. GlusterFS is incorporated into the Red Hat Storage Server. -- Jerry Feldman <gaf at blu.org> Boston Linux and Unix PGP key id:3BC1EB90 PGP Key fingerprint: 49E2 C52A FC5A A31F 8D66 C0AF 7CEA 30FC 3BC1 EB90
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