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RE: Patent Redux

  • To: "'David RR Webber (XML eBusiness)'" <w3c@d...>
  • Subject: RE: Patent Redux
  • From: "Bullard, Claude L (Len)" <len.bullard@i...>
  • Date: Fri, 15 Oct 2004 10:38:23 -0500
  • Cc: xml-dev@l...

redux patent
Possibly.  This one will take negotiation and commitment plus really 
good skills in international relations and law.   I hope this is where 
the semantic web proves its utility.   If the sofware world wants this, 
it has to step up to proposing some technical solutions to manpower 
and competence problems.

Don't expect much from the US until we get past the current 
election.  "A house divided against itself" etc.

len


From: David RR Webber (XML eBusiness) [mailto:w3c@d...]


Len,

I totally agree - the solution is at the WTO level.

My suggest would be that any certified accredited international software 
standards body approved specifications and open source
implementations of them should be exempt from any IPR infringement 
claims.  They could name the org's that qualify - ISO,
W3C, UN, OASIS, etc.  This would then incentive participation in those 
processes.

The WTO have created this mess, the USPTO and its downstream symbiants 
feed and live off the money it generates.  Time to cut that
umbylical cord.

DW

Bullard, Claude L (Len) wrote:

>http://tbray.org/ongoing/When/200x/2004/10/12/PatentTheory
>
>Tim Bray takes a position somewhat different from the past.  Maybe 
>he's become a flip-flopper. ;-)
>
>Seriously, it is past time for the open source community to understand 
>why consortia participation agreements are vital to the community's health.

>
>It is also necessary for Tim and others to understand that this is a global

>problem, not just a US problem.  Only a global fix will get the results 
>they are after in the long term.  I've blogged this topic often enough but:
>
>1) Bashing the USPTO gets you exactly zero.  You need a global means 
>to denote and set terms and conditions for patents.
>
>2) Innovation is required here.  The Semantic Web may be the means.
>
>3) Acquiring and managing IP using clear participation agreements 
>and royalty-free terms is the current and near term solution for 
>the open source community under legal entities such as the specifications 
>consortia that submit these to international standards bodies.


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