Subject: Re: New angle on the patent problem
From: "Karsten M. Self" <kmself@ix.netcom.com>
Date: Mon, 20 Sep 1999 18:24:02 -0700

Stephen J. Turnbull wrote:
> 
> >>>>> "kms" == Karsten M Self <kmself@ix.netcom.com> writes:
> 
>     kms> However I believe Assaf's assertion is naive.  IMO a court
>     kms> would have to balance the powers of copyright and patent, and
> 
> Wrong.  No "balancing" -- it enforces both.  If the parties cannot
> negotiate an agreement, then all must cease and desist their
> infringing activities.

Thanks, that's clearer than my quoted comment, closer to what I meant,
and I believe *is* what I said elsewhere -- that mutual infringement w/o
some form of mutual use agreement is a potential outcome.

However, in establishing penalties for infringement, there might be some
balancing of the powers of copyright and patent going on, though this
could (and likely would) be part of seperate cases -- a patent suit and
a copyright countersuit.

-- 
Karsten M. Self (kmself@ix.netcom.com)
    What part of "Gestalt" don't you understand?

SAS for Linux: http://www.netcom.com/~kmself/SAS/SAS4Linux.html
Mailing List:  body "subscribe sas-linux"
mailto:majordomo@Cranfield.ac.uk