4 ms·

[IANAL] If you only sell your software in countries that either don't recognize software patents, or in which the plaintiff doesn't hold a patent that you infr

by roc 15y ago

[IANAL] If you only sell your software in countries that either don't recognize software patents, or in which the plaintiff doesn't hold a patent that you infringe upon, you're fine. [1] But if you sell your software in the US, you are not safe. Foreign firms pay a pretty penny for US patents and searches to determine if they are clear of infringing US patents, so they can sell their products in the US. Software patents included. Again, IANAL. [1] Determining whether you may infringe on a patent is a chore in and of itself. And one that any IP lawyer will advise you strongly not to do yourself. If you look and infringe, the wronged party can potentially argue that you saw their patent and infringed anyway [2], which leads to far worse penalties than infringing due ignorance. [2] And as it is very difficult to show what you didn't see, it's very difficult to defend against that accusation other than via an in-stone policy that the actual engineers and inventors never ever do searches themselves.

masklinn 15y ago
IANAL, but what would happen anyway? They would sue him in the US (maybe), would get a default ruling in a civil court, and then what? The only issue might be if he moves to the US. At worst.
- roc 15y ago
  Basically, until they get legal satisfaction for the judgment, they could make a mess of any business he wants to do in the US or with US-based companies. Any money owed to him by any US company would be at-risk of a claim. These risks are notably less to a developer if they've incorporated, or are selling the software through a publisher. But for the lone developer, it could be quite the hassle. Also, though the real costs of pursuing such claims might deter actual action by the patent holder, the risk doesn't go away and the 'debt' resulting from the judgment could be sold to people who have lower opportunity cost and even less moral fiber.

by roc 15y ago

masklinn 15y ago

IANAL, but what would happen anyway? They would sue him in the US (maybe), would get a default ruling in a civil court, and then what? The only issue might be if he moves to the US. At worst.

roc 15y ago
Basically, until they get legal satisfaction for the judgment, they could make a mess of any business he wants to do in the US or with US-based companies. Any money owed to him by any US company would be at-risk of a claim. These risks are notably less to a developer if they've incorporated, or are selling the software through a publisher. But for the lone developer, it could be quite the hassle. Also, though the real costs of pursuing such claims might deter actual action by the patent holder, the risk doesn't go away and the 'debt' resulting from the judgment could be sold to people who have lower opportunity cost and even less moral fiber.