3 ms·
Any seller of software would be liable for selling software to US customers without a patent license. I'm curious about the legal consequences of freely distri
by concerndc1tizen 2y ago
Any seller of software would be liable for selling software to US customers without a patent license.
I'm curious about the legal consequences of freely distributed software (e.g. open source).
I wonder if the author/provider could be held liable if they:
- knowingly (passively) or actively market to US customers (e.g. provide support)
- are aware that US users are using it, and take no actions to prevent its distribution
etc.
Can someone share their knowledge on this?
If European software incidentally infringes a US patent, and it is distributed freely, is the provider then liable? E.g. is Github basically liable for restricting US users from access to (distributing) patent infringing software?
- kube-system 2y agoAs I understand, you can violate a patent just by importing something infringing. Selling it isn't necessarily a requirement for infringement. https://blog.shp.law/index.php/2021/03/28/open-source-software-and-patent-infringement/ https://blog.shp.law/index.php/2021/03/28/open-source-softwa... I'm sure there's tons of patent violations in FOSS, but patents are usually just used to go after companies with big pockets.