Re: Open letter to Steve Ballmer

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On 3/2/07, Nick Copeland <nickycopeland@xxxxxxxxxxx> wrote:
If Microsoft patent any capabilities that are present in the ALSA codestream
them ALSA itself is exempt from the patent. This is written into the patent
laws, they cover the possibliity that somebody had a product that was later
patented by some other, wiser party. If the company in potential infringment
can prove prior implementation then they are exempt.


Prior art doesn't exempt the first implementor, it invalidates the
patent, at least in the US.

Lee

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