Re:I Recreated Shazam's Algorithm with Go
by kube-system on Thursday August 01, 2024 @03:25PM
(#41132631)
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.
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?