I wanted to write a small Rapid Serial Visual Presentation (RSVP) program for my mobile device but I realized that there are some patent issues associated with that technique (exhibit 1 and exhibit 2).
Can I write such program and try to make money with it? Would it be legal to give such program for free?
I have no money for an attorney.
No attorneys on stackoverflow.com?
;-)
the devil is in the details.
I'd suggest you write down what your program will do - in a more detailed way than "it does RSVP".
Print out the patents appropriate, go through the claims made in the paents and see if you are doing what they're claiming. I don't think they're claiming a patent on RSVP, just on certain ways of using it.
Make your own judgement call on whether it is worth continuing, if so, consult a lawyer that is an expert in that area of law before going further.
IANAL, but: 3 Reality checks: 1) Raising a claim against you for patent infringement will cost a lot of money. 2) If you have no monoey for an attorney, then you are not worth suing now. So, the question is, will you make enough money from your idea to be worth suing in the future? 3) Suing is a last resort, you might be invited to a) license the technology to your (huge) user-base or b) make a 'reasonable' out of court settlement. 2 possible solutions: 1) cross your fingers and hope for the best, 2) limit your liability through a company.
Is it legal to give it away for free? not if you infringe their patents. Their 'claim' will be based on their lost sales, not your revenue.