Re: [Patents] pooling patents, version 2

[Simo Sorce <simo.sorce@xsec.it>]

On Thu, 2003-01-02 at 23:49, riel@nl.linux.org wrote:

> If you, or anybody else, have a better idea, please write it
> down and send it to the list.  I'm not sending my idea to the
> list to defend it, I'm sending it here because I know there
> must be holes left in my idea, in the hope that somebody else
> has better ideas and that I'll inspire people to send their
> ideas to the list.

You asked for it! :-)

First a note: talking of IP (Intellectual Property) is wrong imho, and
is the first symptom of you falling in the proswpat net, in teh case of
point 2 of your proposal is even more wrong as I think you are referring
to Patents only, but IP means (in bad guys intention) also copyright,
and registered marks.


Now what I really think is that your idea is wrong for few reasons:

1. by accepting to play the game you admit you failed and you accept the
swpat idea.

2. as the current proposal, you fail the most important thing: defend
free software as I will explain:
If you grant _everyone_ a royalty free license you do not have any way
to exchange patents portfolios as others already have the right to use
your patents, and you do not have the right to use their. Also you fail
to identify who will pay for patent application, they cost much and are
really time consuming also for technical people that have to explain
patent attorney everything they do to let them see if there's something
patentable.
(I hope I do not have to remember you that the most important swpat
pushers are patent attorney because they gain *a lot* (in money) from an
all-patentable world. They are paid multiple times for thin air: 1. to
file a patent, 2. to attack others "infringing" on patents, 3. defend
others "attacked" for patent infringement, 4. managing the patent
portfolio, 5. give advice on patent matter)

otherwise if you build a defense based on patent grants you (3) possibly
corrupt free software in nature. How can you couple Free Software with
patent grants? You can't! If you put limits on distribution it is not
free software anymore. The net gain is that you will end converting free
software to freeware, a horrid idea.
 
IMHO, Simo.

-- 
Simo Sorce - simo.sorce@xsec.it
Xsec s.r.l.
via Durando 10 Ed. G - 20158 - Milano
tel. +39 02 2399 7130 - fax: +39 02 700 442 399

Attachment: signature.asc
Description: This is a digitally signed message part