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by concerndc1tizen 686 days ago
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?

1 comments

As I understand, you can violate a patent just by importing something infringing. Selling it isn't necessarily a requirement for infringement.

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.