Re: How can we submit code patches that implement our (pending) patents?

From: Chapman Flack <chap(at)anastigmatix(dot)net>
To: Andres Freund <andres(at)anarazel(dot)de>
Cc: Nico Williams <nico(at)cryptonector(dot)com>, Tom Lane <tgl(at)sss(dot)pgh(dot)pa(dot)us>, Chris Travers <chris(dot)travers(at)adjust(dot)com>, pgsql-hackers(at)lists(dot)postgresql(dot)org
Subject: Re: How can we submit code patches that implement our (pending) patents?
Date: 2018-07-27 17:59:12
Message-ID: f5f192ea-dcc9-5a0c-f3c7-9785ba7cf5c4@anastigmatix.net
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On 07/27/2018 01:42 PM, Andres Freund wrote:
> On 2018-07-27 13:33:28 -0400, Chapman Flack wrote:
>> On 07/27/2018 01:01 PM, Andres Freund wrote:
>>
>>> the patch and people doing so can reasonably be expected to know about
>>> the patents, making further contributions by them worse.
>>
>> I'm not sure this line of thinking, which seems rooted in notions of
>> tainted or cleanroom development from the copyright world, has the
>> same force wrt patents.
>
> Yes, violations made with knowledge triples damages in the US.

Nobody suggested violating with knowledge. The point is to use the
knowledge to /not/ violate.

In the domain of copyright, that's nonsensical of course.
In the domain of patent, it isn't, and can be smarter than
forging ahead blindly in the hope that you're just happening
to skirt the claims of a patent you'd rather not know about.

-Chap

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