[Mono-list] Re: [DotGNU]Re: Collaboration on alternatives to the
Miguel de Icaza
11 Oct 2003 22:11:39 -0400
> > If you did such a careful study with your lawyer, would you mind
> > publishing it so others can review it?
> And I suppose you would just turn over internal Ximian/Novell legal advice and
> developer discussions should I ask for it? Nice try to avoid the apology.
Rhys, I am not the one making claims that `Windows.Forms has no patent
violations', you are the one who claimed that you had done a careful
What I said is reflected on our FAQ: we dont believe that *any* of it is
patentable. But if you are going to pick `Windows.Forms' as part of
your initiative of "apis which are absolutely not encumbered by a
patent", then I believe that Norbert is miss-leading the community and
it can not be the basis of a completely pure effort to have a
You claim that you did a careful study on Windows.Forms and its
applicability to the patent, and that is why its excluded. I do not
believe either you or Norbert did any careful study.
For us to cooperate in this delicate matter, I must trust you, and so
far you are not giving me any sense of security. If anything, you are
avoiding the topic, just like Darl McBride is.
> Anyway, from the USPTO's guidelines on patentability :
> The subject matter sought to be patented must be sufficiently different
> from what has been used or described before that it may be said to be
> nonobvious to a person having ordinary skill in the area of technology
> related to the invention. For example, the substitution of one material
> for another, or changes in size, are ordinarily not patentable.
> The last sentence is the important one: "the substitution of one material for
> another". Changing C++ in MFC into C# in Windows.Forms would seem to be
> little more than a change in "material".
An excellent quote, worth keeping it around.
> Of course, we could be wrong - anything could happen once the C&D's start
> flying. Hence the hedge-betting on Qt# and Gtk#.
> I (still) await your apology. Accusing us of being deceptive, and then asking
> that we prove your own accusation, is quite offensive. And needless to say,
>  http://www.uspto.gov/web/offices/pac/doc/general/index.html#novelty
Miguel de Icaza <email@example.com>