Jobs may be threatening Ogg Theora
D. Hugh Redelmeier
hugh-pmF8o41NoarQT0dZR+AlfA at public.gmane.org
Mon May 3 04:21:52 UTC 2010
<http://blogs.fsfe.org/hugo/2010/04/open-letter-to-steve-jobs/>
It looks as if Jobs replied to this open letter (could be a hoax). See
the first reply.
"A patent pool is being assembled to go after Theora and other
“open source” codecs now."
You don't need a patent pool to "go after" an open source codec. Each
patent holder can do that. Why would you form a pool?
Oh, and the first thing you need to do is issue a cease and desist letter.
Letting a violation continue, without notice, hurts your case in law I
think (not sure about that). According to
<http://en.wikipedia.org/wiki/Patent_infringement_under_United_States_law>,
indirect infringement requires knowledge of the infringement and that
would seem to require notice for certainty.
>From <http://en.wikipedia.org/wiki/Patent_infringement>:
"A threat to bring a patent infringement action is highly likely
to influence the commercial conduct of the person threatened,
which is why the law of some countries, including the UK, provides
that the making of a groundless threat to sue is, within certain
carefully prescribed limits, an actionable wrong in itself." [10]
Very odd.
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