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Re: Another Microsoft XML patent


james fuller nuclear
* 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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