Re: The USA bullies another small nation - again

John Fields wrote:

On Wed, 21 Feb 2007 10:45:56 GMT, joseph2k <quiettechblue@xxxxxxxxx>
wrote:

John Fields wrote:

Think of it like this: If I write a song and you copy it and sell it
as if was yours, then you're in violation of copyright law.

If I build a piano, patent it, and you then build pianos like mine
(even just one for your own use) then you're in violation of
copyright law.
^^^^^^^^^
\
Oops, patent law

If you do either you're nothing more than a common thief.




John you have made an uninformed legal error. Anyone may build any
patented
thing for their own use at any time. (fair use) The restriction is that
they may not profit from trade (sale) of such devices. (Nor give them
away as that damages ordinary trade.)

---
You're wrong.

"Fair use" applies to copyrighted material, not to patents.

This question came up some time ago, here, so I called the patent
office and asked about it.

The answer was that copying a patent, for any reason, without the
patent owner's permission, is infringement.

From 35 U.S.C. 271, Appendix L:

"(a) Except as otherwise provided in this title, whoever without
authority makes, uses, offers to sell, or sells any patented
invention, within the United States, or imports into the United
States any patented invention during the term of the patent
therefor, infringes the patent."

Here's the whole thing:

http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_271.htm



Interesting. I noticed that the law focuses rather strictly on commercial
use, offer for sale, sales, and the like. Also injunctive relief and
monetary relief are centered and limited to commercial use, sales, and the
like. It may not be called fair use, but the limitations are about the
same.

--
JosephKK
Gegen dummheit kampfen die Gotter Selbst, vergebens.  
--Schiller
.

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