[Mono-list] Re: Mono-list digest, Vol 1 #284 - 23 msgs

[Tom]

> Does this language mean that (1) you infringe the patent only if you
> implement CIFS exactly as set forth in the Technical Reference, or that (2)
> you infringe the patent only if you implement CIFS, which is described in
> the Technical Reference?

Microsoft's opinion of whether you infringe or not isn't relevant.  They
can sue you regardless, and the determination is up to a court of law.

To see whether you are infringing, take a look at the patents themselves
and see whether your implementation infringes on them.  If it does, you
can either take your chances or try to have the patent invalidated based
on prior art.

From the patents, I can't figure out what it is they are actually claiming.
Either it is all networked file systems, in which case they were a few
decades behind the times, or it is some very specific arrangement
and technique for implementing SMB, in which case it just doesn't matter.
If you are working on CIFS, you should read and try to understand the
patents.  If not, don't worry about it and just chalk it up to another
heavy-handed attempt by Microsoft to keep people from competing with them.

Tom





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