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What happens if an open source software is released globally and it violates a patent? I found an interesting answer on MetaFilter and would like to know if it is considered to be correct by local community. The answer says in short that theoretically a patent infringement exists but in reality the open source project won't be sued for various reasons at least as long as no commercial entity uses the software to make profit from it.

Can a distribution and usage model be found that "works around" current patent legislature for example by making the developers anonymous or by using largely anonymous distribution channel (for example P2P sharing - like bittorrent). I know nothing can really be 100% anonymous and for example the music industry is able to take legal action against torrent trackers (have them shut down), but it probably goes back to how strong is the patent holder and if there is an asset to be gained from a possible judgment.

An example case for such patent violation may be writing software that works as a driver assist the same way as is already patented. By a work around I mean a form of distribution what the end user would play a large role since the end user crowd is probably the hardest to sue by the patent holder. The end user would download the software to the car by him/herself.

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    "I found an interesting answer on MetaFilter and would like to know if it is considered to be correct by local community." I followed the link and read the answer. I think it's a good answer; I agree with all of it. – Riccati Jan 6 '16 at 23:33
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Without addressing your primary question, be aware that "injunctive relief" is also possible. Even if the infringer is judgement proof (e.g., has no assets), a court could still order that the infringer stop the infringing activity.

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