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by concerndc1tizen
686 days ago
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Any seller of software would be liable for selling software to US customers without a patent license. I'm curious about the legal consequences of freely distributed software (e.g. open source).
I wonder if the author/provider could be held liable if they:
- knowingly (passively) or actively market to US customers (e.g. provide support)
- are aware that US users are using it, and take no actions to prevent its distribution
etc. Can someone share their knowledge on this? If European software incidentally infringes a US patent, and it is distributed freely, is the provider then liable? E.g. is Github basically liable for restricting US users from access to (distributing) patent infringing software? |
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https://blog.shp.law/index.php/2021/03/28/open-source-softwa...
I'm sure there's tons of patent violations in FOSS, but patents are usually just used to go after companies with big pockets.