Comments on: It’s Time For Fair Use In Patent Law http://www.veracode.com/blog/2007/02/its-time-for-fair-use-in-patent-law/ Application security testing, analysis, and metrics Thu, 09 Feb 2012 11:59:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: txs http://www.veracode.com/blog/2007/02/its-time-for-fair-use-in-patent-law/comment-page-1/#comment-137 txs Wed, 07 Mar 2007 20:10:43 +0000 http://www.veracode.com/blog/?p=29#comment-137 The real question is how do you present anything under these circumstances. Just about any security related research can be squashed either via patent law or DMCA as the little guy really doesn't have the resources to fight a battle like this. While he may eventually win, it takes a lot of time and money that most researchers and boutiques like IOActive either don't have or don't want to put up. The end result of this type of litigation is that security research will be released underground and/or sold on the black market which doesn't benefit anyone in the long run. The real question is how do you present anything under these circumstances. Just about any security related research can be squashed either via patent law or DMCA as the little guy really doesn’t have the resources to fight a battle like this. While he may eventually win, it takes a lot of time and money that most researchers and boutiques like IOActive either don’t have or don’t want to put up. The end result of this type of litigation is that security research will be released underground and/or sold on the black market which doesn’t benefit anyone in the long run.

]]> By: Tom Cross http://www.veracode.com/blog/2007/02/its-time-for-fair-use-in-patent-law/comment-page-1/#comment-87 Tom Cross Wed, 28 Feb 2007 20:08:58 +0000 http://www.veracode.com/blog/?p=29#comment-87 There is a common law Experiemental Use Exemption to Patents that allows patents to be reproduced "for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry." However, the federal court system has whittled this defense down to almost nothing. If you benefit from performing the experiment in some way it might not apply: http://www.imakenews.com/bakerbotts/e_article000166656.cfm There is a common law Experiemental Use Exemption to Patents that allows patents to be reproduced “for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry.” However, the federal court system has whittled this defense down to almost nothing. If you benefit from performing the experiment in some way it might not apply:

http://www.imakenews.com/bakerbotts/e_article000166656.cfm

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