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Re: Chinese Wall and software patents

by Tom Metro-12 :: Rate this Message:

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Kristian Erik Hermansen wrote:
> Dan Ritter <dsr@...> wrote:
>> ...Sun's patents suggest that they don't want anyone reverse-engineering it...
>
> You can get around the reversing-to-implementation problem using the Chinese
> Wall methodology...

A "Chinese Wall" - making sure the implementors have never seen the
original code - only helps you avoid copyright infringement. Like if
you're a PC clone manufacturer and you want to create a BIOS compatible
with IBM's.

This technique does nothing for avoiding patent infringement. That's why
software patents are so dangerous. You can do a completely independent
implementation of an algorithm, have no knowledge that the algorithm was
even thought of before, and still be in violation. Open source is
particularly vulnerable to such claims as the source is readily
available for claim holders to inspect looking for violations.

To avoid patent infringement you're better off carefully studying the
existing implementation and its patents, so you can engineer around the
patents.

  -Tom

--
Tom Metro
Venture Logic, Newton, MA, USA
"Enterprise solutions through open source."
Professional Profile: http://tmetro.venturelogic.com/

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