Date: Thu, 04 Nov 1999 14:53:10 +0000
From: James Heald <j.heald@ucl.ac.uk>
To: lwn@lwn.net
Subject: You have read the patent ?


Dear LWN,

I know you have the link up, but have you actually looked at the patent
itself ?

The key claim, claim 1, covers the *combination* of (1) windowing with
(2) 'Japanese' dates.

Such a claim stands or falls as a whole:  it does *not* cover the use of
Japanese dates without windowing, and it does *not* cover the use of
windowing without Japanese dates -- this would require independent
claims.

The linux kernel is therefore not even potentially in violation, nor are
99.9% of users of windowing.

For the remaining 0.1% we must hope the courts accept that the
combination of the two techniques lacks novelty in a patent sense, and
that there is extensive prior art on the use of each of the two
individually.

Of course, this makes a less good story for a media stampede than a
broad all-encompassing patent on windowing.  But LWN has a reputation
for accuracy, so you should be sure that your reports correctly reflect
the facts.

Yours faithfully,

   James Heald.