[mythtv-users] "Odometer" Threads

Brian Wood beww at beww.org
Thu Feb 7 15:34:18 UTC 2008


Mike Perkins wrote:
> Jon wrote:
>> As I understand it, in order to be infringing on a patent, you have  
>> to have a retail product that you are making profits off of. I  
>> believe that personal, not for profit, use is allowed under US patent  
>> law (but I'm not a lawyer, so don't take my word)
>>
> I don't think that would fly. If I made myself a box, which "more or less" 
> duplicated the functionality of a TiVo, then they could argue that I have in 
> fact made a "profit" in that they are out the cost of the box I didn't buy from 
> them. Thin, maybe, but the way lawyers split hairs these days...

I realize logic doesn't enter into it, but:

If I plan to make a product for sale, I can be expected to make a 
diligent search to see if I might be infringing a patent.

If I build something for myself in my basement shop, or create a science 
fair project, I don't see where I can be expected to incur the expense 
of a patent search.

But as I said, logic probably has nothing to do with it.

bewww


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