Re:EFF promising intensified fight against bogus software pa...
by CamperBob on Thursday February 16, 2012 @03:57AM
(#3597903)
The source code has nothing to do with the content of a patent. It can be part of a patent, but it isn't necessary. The courts don't care how you implemented someone else's "idea," only that you did.
In short, even if it is prior art, it might still be patented, and some poor shmoe down the road is going to have to research, find, and successfully enter as evidence the prior art. They might just choose to settle instead.
Not playing can still suck.