[License-discuss] Reverse Engineering and Open Source Licenses

[John Cowan]

Smith, McCoy scripsit:

> The conditional sale cases under the patent law (of which there
> are but a few, the Mallinckrodt case being the most notable:
> http://en.wikipedia.org/wiki/Mallinckrodt,_Inc._v._Medipart,_Inc. )
> might be an example, although I don't recall if there was
> any sort of true "contract" analysis in that case.  

I don't think there was.  It was just another example of massive
overreaching by the Patent Holder's^W^W Federal Circuit.

> There is
> some debate as to whether the conditional sale cases are
> good law anymore post the US Supreme Court's Quanta decision:
> http://en.wikipedia.org/wiki/Quanta_Computer,_Inc._v._LG_Electronics,_Inc.

I hope not, but the Supremes seem to have left the question vague.
In particular, none of these cases have to do with contract restrictions.

-- 
John Cowan          http://www.ccil.org/~cowan        cowan at ccil.org
I marvel at the creature: so secret and so sly as he is, to come sporting
in the pool before our very window.  Does he think that Men sleep without
watch all night?    --Faramir