Re: Another Microsoft XML patent
* James Fuller <jim.fuller@r...> [2005-06-07 04:46]: > Alan Gutierrez wrote: > > >* James Fuller <jim.fuller@r...> [2005-06-07 03:52]: > > > > > >>The patent application process becomes an effective barier to > >> > >> > >>> entry for the small innovators that they tout as the little guy > >>> that the patent office serves to protect. > >>> > >>> I might have an idea that is every bit as novel as something > >>> found at Large Firm Research, but when do I have the time, as an > >>> individual, to write out a patent application? I barely have > >>> enough time to write out my code and documentation. > >>> > >>> I've often thought of some sort of patent union for small > >>> firms, open source developers, a treaty organization. The Apache > >>> 2.0 License does something like this. > >>by being a member of such a union, one could default all > >>invention to the union for protection...of course nuclear > >>options would have to be built into the union's charter so no > >>corporation could somehow take it over...might have to go down > >>an NGO route as well. A franchise model whereby a network of > >>vertical / horiontal industries have their own unions, with an > >>international umbrella org. > > Such an organization would be non-profit. I'm not sure what NGO > > means. I know what it stands for, not what it means legally. > > The franchining and vertical / horizonal, you could explain > > more. I'd like to see it structured so that it doesn't become > > some form of guild. > +1 Oh yes, I did want to note that the idea behind this open portfolio is that it does more than indemnify, it provides a source for counter-claims if a portfolio member is threatened. So the charter is tricky, since it means that the organization would would enforce the patents. Ripe for abuse. So, to carify. To prevent takeover, a poison pill. To prevent a patent takedown of a member, the organization would threaten counter-claims drawn from the open patent portfolio. -- Alan Gutierrez - alan@e... - http://engrm.com/blogometer/index.html - http://engrm.com/blogometer/rss.2.0.xml
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