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360

answers:

4

I've been reading up on Sun's new Garbage First garbage collection algorithm, and was considering using it on a personal project. When googling for more information I found that it is patented, which raises the question if I could ever release my code. How can I tell whether this specific research is safe to learn from and use? Did Sun patent it to prevent others from using it or prevent others from claiming ownership? This also makes me worried about all of the other research papers on garbage collection I've read on citeseer or otherwise.

+17  A: 

Please consult a lawyer and don't take our word for it. It will vary by situation.

Andrew Coleson
+2  A: 

safest answer? You can't. That might be a bit conservative though

BCS
+7  A: 

One of the things they tell us developers here at Microsoft is that we should never read any patents. That's because you're liable for triple damages if you knowingly infringe on a patent. So it's much better for you (and your employer) if your infringement is unknowing :).

One of the other things I hear frequently is the disclaimer "I am not qualified to give legal advice." And that's going to be true for just about any answer you get on StackOverflow...

Curt Hagenlocher
+1  A: 

This appears to be patent 7,340,494, and since Sun is the assignee, you should contact Sun's legal department and ask about licensing. Depending on their intentions with this patent, they may give you a royalty-free license.

(DISCLAIMER: I am not a lawyer)

Arktronic
Even if that's right and that particular patent is relevant, that doesn't mean that there aren't other patents that could also be a problem. Best answers are those that suggest getting legal advice.
Will M