These guys are making the code publicly available. They are not making a search engine page that actually competes with google publically available. (Every se

These guys are making the code publicly available. They are not making a search engine page that actually competes with google publically available. (Every search on aspseek.com returns no results.) Also, I don't think the test is commercial damage to the patent holder; it is commercial advantage to the patent violator. That's just the letter of the law, of course, and doesn't predict any actual court rulings, particularly in this era of pretty knee-jerk pro-corporate judges.