• To: "Bullard, Claude L (Len)" <len.bullard@i...>
• Subject: Re: Microsoft Patents Serializing Objects To XML And Sending Them Over A Network
• From: Jim Ancona <jim@a...>
• Date: Mon, 06 Jun 2005 14:51:44 -0400
• Cc: XML Developers List <xml-dev@l...>
• In-reply-to: <15725CF6AFE2F34DB8A5B4770B7334EE07207013@h...>
• References: <15725CF6AFE2F34DB8A5B4770B7334EE07207013@h...>
• User-agent: Mozilla Thunderbird 1.0 (Windows/20041206)

Bullard, Claude L (Len) wrote:
> Which simply means that for the good of the community and 
> protection against predatory acts:
> 
> o  Open source with clearly documented antecedents is 
> the best practice because of transparency, auditability, 
> and traceability.
> 
> o  Software source management tools should be used as 
> evidence in patent cases to reduce the costs of litigation.

I'm curious as to why you think these would help defend a patent 
lawsuit. IANAL, but my understanding is that independent reinvention is 
NOT a defense to a patent action. If you implement a patented algorithm, 
even inadvertently, you've infringed the patent.

Copyright of course is a different ballgame, and being able to prove 
where your code came from should protect against copyright infringement 
claims.

Jim

• References:
  • RE: Microsoft Patents Serializing Objects To XML And Sending Them Over A Network
    • From: "Bullard, Claude L (Len)" <len.bullard@i...>

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