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Comment by kazinator | Hacker News Reader

> And because patent infringement generally does not require “intent,” a consumer could be liable even if they never saw the notice or agreed to it (for example, if they bought the product used without the original packaging).

Can it? Who can prove that there was such a notice, long after the packaging is gone?

Maybe almost all units had such packaging, but I carefully inspected the box before opening the one that I bought, and didn't see any such notice. Can you produce my original packaging to show me the notice?

Or how about: I got it out of box for a reduced price. At the time I completed the sale, there was no packaging. No implicit contract can possibly bind me to a time prior to the sale, when persons unrelated to me in any way removed the packaging.

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Here's where I wear my devil's advocate hat:

If you bought the product out of box, then the person who sold it to you had no right to sell it to you! Our agreement with the distributor specifically states that the product must be sold in the original packaging. In the same way that you can't go around selling your neighbour's house, the distributor had no right to sell that product to you. Give it back now please.

But you got paid and so did the seller. The seller did "wrong", not me; why should I give it back and not be compensated? You can buy it back from me for the full retail price that I paid plus taxes.

You can sue the person who sold it to you and attempt to recover the money.

Just like if I buy a stolen car and the police come knocking. bye bye car, bye bye cash.

With a stolen car when you buy it, you did not do even the most basic of due diligence so there it is understandable. With most other products you cannot do due diligence. Comparing this to stealing makes the case in point though; the original user did not read the small print should be treated vastly different than going out and stealing something.

Due diligence is a bit tricky though. Thieves have more practice than you. This guy bought his from a high street dealer and even had it checked

http://www.telegraph.co.uk/finance/personalfinance/2738806/A...

> Who can prove that there was such a notice, long after the packaging is gone?

The notice does not matter. Patents cover not only manufacturing and sales, but also use of the invention. The patent owner does not need a contract with you, the patent law is enough.

If there exists a valid patent, and you don't have permission from the patent owner, then you technically are not allowed to use your widget regardless of what the packaging does or does not say or where you got it from.

Thats the thing - you'd still be liable.

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