Re: OpenSSL and ECC patents (was Re: Mesa in F37- vaapi support disabled for h264/h265/vc1)

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On Wednesday, September 28, 2022, Clemens Lang <cllang@xxxxxxxxxx> wrote:
Hi,

Michael J Gruber <mjg@xxxxxxxxxxxxxxxxx> wrote:

Understanding is helped greatly by communication, though. Legal answers
such as "We can not" do not further this understanding, and "We can not
and we can not tell you why" is not much better, but these are the typical
answer we get, not even with a "sorry, but we can't". Obviously, these
legal questions are difficult to explain, but it can't be true that each
such case is under a "gag order”.

A lawyer at a previous employer told me that explanations of such decisions
can be used against you in court. Presumably, this also applies here.

That's sounds overlay paranoid. How can an explanation on why you are *not* doing something be used against you in court? I can get why "we don't think that patent XYZ applies so this is fine to ship" is problematic, but the other way around just doesn't make sense. 
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