"Dan Bloomquist" <public21@lakeweb.com> wrote in message
news:lgZwj.4984$Sa1.1416@news02.roc.ny...
Bob Eld wrote:
nicksanspam@ece.villanova.edu> wrote in message
news:fq1gqn$fm@acadia.ece.villanova.edu...
Bob Eld <nsmontassoc@yahoo.com> wrote:
US code says it's strictly illegal to make even one, for your own
use,
in your basement.
Please site the law that says that.
It starts with Article 1, section 8 of the US constitution, and
continues
through Title 35, Part III, Chapter 28, Section 271, Paragraph (a) of
the US Code. Subsection (4) of Paragraph (d) says refusing to license
others, ie "shelving" is OK...
A patent grants a property right to the patent owner. "Trespassing"
without the owner's permission is illegal.
Nick
Nowhere in any of those documents does it say that it is illegal to
make
even one in your basement. Cite one case where tresspass law has been
applied to patents.
In Europe you can freely use patented material for non profit individual
use. In the U.S. the patent holder could litigate.
Cite one case where patent grantees have not had to
pursue their rights and claims in the civil courts to gain a remedy for
infringment.
Probably won't find one as the cost of litigation is not worth the minor
infringement.
Yep, the patent holder could litigate but the cost of litigation prevents
most trivial cases against minor infrignment. The point is that it is not
automatic nor is it a matter for criminal law, the district attorney or
even
the patent office to uphold a patent. They don't care who infringes on
whom,
it's up to the civil courts and only when a suit is filed.