It’s related to additional damages for wilful infringement; if I say “I will not ship foo because I cannot get a suitable licence for patent US abc123455”, and the owner of that patent then claims I infringe because I ship bar, which they claim infringes patent US abc123455, they can also claim that my infringement of patent US abc123455 by shipping bar was wilful, because I clearly knew of the patent, I had analysed it to determine what it might apply to, and I’d decided to ship *bar* anyway, even though I knew or should reasonably have known (based on my analysis of why I couldn’t ship foo) that bar would put me into infringement. Unfortunately, this is the flip side of well-meant legislation around wilful infringement - it’s simplest for a big US entity like Red Hat to simply say “no, and we’re not telling you why” to packages, because then there’s nothing to build a claim of wilful infringement around. — Simon Farnsworth |
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