Tag Archive: Linux

It’s a Patent, not a Bomb

As a patent attorney who deals with computer software, I have become somewhat inured to hearing that my entire profession is evil and that the IP system is nothing but sand in the gears of industry. Today, however, I ran across something new: apparently, there is a misconception that even knowing about patents is somehow dangerous, and should be avoided. Case in point: this Groklaw article about the first patent lawsuit filed based on the use or sale of the Linux operating system. Overall, the article was an exercise in tracing connections between Microsoft and the current plaintiffs. However, the following quote caught my eye:

Here’s the patent, for those who can look at it without risk. If in doubt, don’t.

The quote is written as though patents were radioactive, which is simply not the case. At one point, it was true that knowledge of a patent gave rise to an affirmative duty of due care to avoid infringement, and that failure to satisfy that duty could lead to enhanced damages in the case of litigation. However, at this point, that is simply false. The Federal Circuit, which has appellate authority over patent cases has clearly eliminated that duty and stated that “proof of willful infringement permitting enhanced damages requires at least a showing of objective recklessness” (In re Seagate)(emphasis added). This means that, unless there is an objectively high likelihood that you are infringing a patent, you can’t be found liable for enhanced damages based on willfulness. Also, my thought is that if there is an objectively high likelihood that you infringe a patent, it’s still better to find out yourself by reading the patent (so you can design around the patent or take other protective actions), rather than waiting for the patent holder to sue you and having to pay an attorney to defend you from their slam dunk infringement case.

The take home lesson from all this? There is no good legal reason to avoid patents and, if you happen to read one which is relevant to your life, you can save yourself a huge amount of grief by dealing with it proactively, rather than waiting till the patent holder drags you into court.

As a note, I normally blog about the law surrounding data privacy and information security here. Since I already have a blog devoted to those topics, my posts here will cover anything else that comes to mind.

Installing Beryl on Ubuntu Edgy with an Intel Chipset

After installing Edgy, I figured I’d go ahead and install Beryl - an open-source 3d Window Manager that totally rocks.

While this took some doing, it was totally worth it, as the screenshots below will attest to (and when you are done looking at those, you should have a look at some of the YouTube videos on Beryl).

Rotating workspaces/desktops in Beryl on Ubuntu

DemoCamps and Ubuntu Adventures

Yes, I am back to having multiple posts in a single blog entry — I figured that this is better than having several dozen smaller entries.

DemoCamp Cincinnati

Thursday evening was DemoCamp Cincinnati, which was quite fun. A bunch of folks showed up and we had a couple of talks, one of them by a new startup called Mercury Grove. They presented their neat product called Collab which was rather interesting. They seem to have some very interesting people working there, and I just found out that they have a blog, too.

DemoCamp Cincinnati
Click to see more pictures from DemoCamp Cincinnati

Ubuntu Adventures on a Dell e1405

So, I decided to upgrade my Dell notebook from Dapper to Edgy Eft. I have a Dell e1405, which like all notebooks, has the most obscure devices you can ever find (and ergo, is the hardest to find device drivers for). Now, I could not get a lot of things to work on Dapper, so I figured that Edgy Eft would be better.

The Tale of Ubuntu and a Dell Inspiron

The other day, I got a new notebook for myself - the new Dell Inspiron E1405 that was on sale. For about $750, I got a notebook with a decent configuration — Intel Centrino Duo 1.6 GHz, 1 GB RAM, 120 GB HDD, DVD burner and the usual things that notebooks these days come with. Nothing fantastic, but a good configuration neverthless.

It was interesting to note Dell’s change in stance from making boring take-this-or-leave-it boxes to making sleek and slender designs that would have made Steve Jobs proud (and yell, ARRR!). But I digress.

Anyhow, my this notebook-buying was long due, and it was a welcome change from my dead HP Pavilion lead-beast and my dying, older Dell Inspiron monster of a stone.

However, it was a while since I’d run a good distro of Linux at home, and I was itching to try something new - Ubuntu.