Patent Liability Insurance

John Cowan cowan at
Tue May 15 12:55:00 UTC 2007

Lawrence Rosen wrote:

> OTOH, damages based on *not* using reasonably available technology to
> fix a bug might (?) be appropriate in some circumstances. I don't see
> that the "DMCA or the rights of American Intellectual Property owners"
> justify that remedy, though.

This business sounds like a sort of funhouse-mirror version of the
well-known case (whose name has slipped my mind) establishing that it
was negligent in a boat's owner not to carry radio for the purpose of
getting weather warnings, although it was not common practice at the
time.  In that case the boat was tied up at a dock too small for it,
and basically smashed the dock during the storm; the dock's owner sued
and won.

If, instead, some particular manufacturer of radios had sued the boat
owners for failure to use its product, then we'd be on all fours.

John Cowan  cowan at
If he has seen farther than others,
        it is because he is standing on a stack of dwarves.
                --Mike Champion, describing Tim Berners-Lee (adapted)

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