[linux-elitists] FAT is the new GIF?

Jason Spence jspence@lightconsulting.com
Mon Mar 2 16:35:29 PST 2009


On Mon, Mar 02, 2009 at 10:52:00AM -0800, Don Marti wrote: 
> begin Greg Folkert quotation of Mon, Mar 02, 2009 at 12:02:45PM -0500:
> > On Mon, 2009-03-02 at 07:53 -0800, Greg KH wrote:
> > > It's identical.
> 
> So what's the rule for how much of a patent beef
> there needs to be about something to get it kicked
> out of the kernel?
> 
> > Yikes. So I guess its true that Microsoft *IS* going after Embedded
> > Linux Vendors and possibly like Debian, Ubuntu, and so on in the long
> > term.
> 
> The revenue maximizing strategy for MSFT is to wait
> for something to make its way through the kernel.org
> process into embedded products, then attack.

There's a legal defense against this strategy called laches
("lash-ees") which basically says that the plantiff should have spoken
up early on while the damages were still relatively minor.

It's my understanding that for the defense to pull this off, the delay
has to be remarkably long.  Here's an article about one application in
the patent arena:

  http://www.wilmerhale.com/publications/whPubsDetail.aspx?publication=2359

-- 
 - Jason                                   Last known location: 98.210.123.132

Where is John Carson now that we need him?
		-- RLG


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