For an artist, how to comment on this state of affairs without risking infringement remains an unsolved — perhaps unsolvable — problem.
Many companies pay royalty fees to patent holders rather than risk an infringement case -- even if they do not infringe.
On the same day, at the firm's headquarters in Armonk, New York, IBM did something unusual: it pledged 500 of its existing software patents to the open-source community, to be placed into a patent "commons" that allows open-source software developers to use the innovations and build upon them without risk of infringement.
The Indian typists have to leave out the editors' notes in the Westlaw or risk copyright infringement.
In 1979, the U.S. Supreme Court determined that unionization at religious schools could not be compelled because it could constitute "a significant risk of infringement of the Religion Clauses of the First Amendment if the act conferred jurisdiction over church-operated schools".
You have to wonder whether these hardware manufacturers don't do enough trademark and branding research before they launch massive campaigns for products, or if they simply don't care and deem the risk for infringement lawsuits an acceptable, calculated one.
Mike Cameron, who replaced Ken Griffey Jr. in center field in Seattle, risked trademark infringement in giving the Texas shock troops a name.
Surprisingly, if the innovating company develops a new API instead of making an identical copy of the competitor's, it still risks copyright infringement.
Even strong Calvinists with instincts towards instituting divine law in government found themselves preferring the disestablishment of religion, rather than risking government infringement of their own religious freedom through the establishment of the wrong religion (Noll 2002).
If Congress were to simply make those cases of willful patent infringement a criminal case, and we began holding the responsible individuals and officers of the companies personally accountable — as it is in willful infringement of copyrights and trademarks — I believe these infringers would think long and hard before they risked infringing a patented product.
