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IANAL, but I would imagine that in such a situation you may be able to get the case thrown own because you could demonstrate that the licensing organization and
by malandrew 12y ago
IANAL, but I would imagine that in such a situation you may be able to get the case thrown own because you could demonstrate that the licensing organization and the patent-holding organization are related and that the license was not offered in good faith.
- olefoo 12y agoActually you wouldn't be able to show any such thing. The license is a grant of one set of rights ( to use the software, make copies, resell it, incorporate it into products, etc. ) but the Patents would be the enforcement of another set of rights ( to prevent infringement of the protected idea ) the two sets of rights are orthogonal, and although you might have rights to use the software from a copyright licensing perspective; doing so might be an infringement on their patent rights. And those two sets of rights need not inhere in the same organization. Remember when Microsoft was threatening to use it's patent portfolio against any company that used linux...?