"Prior use" is for closed systems where no public information is not available.
But if VDR was public with concepts and source before 2001-01-18 then Intel could not patent the things what were already published by VDR community. In other words, the patent office did a bad job when making search of things prohibiting the patent (normally just browsing other patents of the same area, not VDR/DVB-mailing list snoop).
And above applies to tivo/replay-tv/m$ and other companies. You cannot patent already publicly known stuff. And this is why announcing and requesting features on the mailing list is important.. :-)
Best regards, Jori
jori.hamalainen@teliasonera.com wrote:
If you take the time to read the first claim of the granted patent, you'll probably agree with my (non-legal) opinion that the patent does not apply to VDR. I can't copy&paste it, but it says "A method comprising receiving video and enhanced content information including at least one identifier of web content associated with the video information; ...."
The patent's about getting "web content associated with the video information" in addition to just the video recording, and using that. If VDR did something like get subtitles from the web, it would be affected.
There are some other independent claims as well, but they all talk about associated web content.
Ari Huttunen