On Nov 9, 2009, at 4:55 AM, Matthew Mondor wrote:
On Mon, 9 Nov 2009 09:50:52 +0100 vincent <10.50%free.fr@localhost> wrote:I was just wondering if, given the current environment, it was reallyworth carrying on work on ZFS rather than waiting for the whole affairto subside.If ZFS could be built as an optional module, would it mitigate the issue? I.e. delegating risks to every entity deciding to use it, but default distributions missing the functionality?
Possibly, possibly not. Patents govern the right to make, sell, import, or use the covered invention, though generally the patent owners go after the creator of the infringing device. If it isn't patented in, say, Europe, and all development were done there, no offenses would be committed except by someone who imported the code into (for example) the US.
Also note that for "willful infringement" -- you knew something was patented but went ahead anyway -- the damages are tripled.
--Steve Bellovin, http://www.cs.columbia.edu/~smb