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Alan Cox Files Patent For DRM

booooh writes "Alan Cox has filed a patent for DRM (Digital Rights Management). From the filing: 'A rights management system monitors and controls use of a computer program to prevent use that is not in compliance with acceptable terms.' According to the patent pledge of Cox's employer Red Hat, they will not license this technology if the patent is granted. And it can probably be applied to the DRM that is in Vista. This forum has a few more details.

2 of 281 comments (clear)

  1. It's not likely to affect Vista by rumith · · Score: 5, Informative
  2. Re:*All* claims must be meet for patent violation by FallLine · · Score: 5, Informative
    No, actually, your product or process does have to show all the elements listed in the patent.
    No, it does not. The product/process must contain all the elements of just one claim: not all the elements of all the claims. There is a huge difference between the two. If this were really the case, it would be impossible to violate the majority of patents as they contain dependent claims that are mutually exclusive (often the dependent claims describe various implementations of the same idea).

    You don't have to take my word for it. Read this:

    Something infringes a patent if it has all the elements of a claim in the patent, or performs all the steps of a claim. It does not have to match all the claims, a single one will do. However, it is important that it matches all elements in that single claim. Most patent courts take this requirement quite strictly and will not easily ignore an element in a claim unless it is clearly irrelevant. One often-heard argument against ignoring an element is that patent writers are aware of the strict interpretation and so would not put in an element unless necessary. Therefore, an element that is present in the claim must have been deemed necessary and so may not be ignored.

    One great example is that lawsuit against Nintendo http://games.slashdot.org/article.pl?sid=06/12/08/ 2138250 over the Wiimote, because it has a "trigger" button underneath. And coincidently, the Wiimote also has buttons on top just like the item that Nintendo is supposedly infringing on.
    I didn't read this case, but citing slashdot on patent issues is like citing Soviet propaganda to find out about the US Constitution. It is just about the worst place to find reliable information on patents.