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[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] Re: Another Microsoft XML patent
 a local comment from a long standing technology columnist: http://www.smh.com.au/news/Perspectives/Free-trade-the-new-con-trick/2005/06/06/1117910220396.html this is a big problem. if australia's largest (and government owned) research organisation has trouble protecting itself, then i reckon game's up for just about everyone else. it's playground fight over the lollies and the bullies are still winning....... rick Alan Gutierrez wrote: >* Michael Champion <michaelc.champion@g...> [2005-06-05 23:38]: > > >>On 6/5/05, M. David Peterson <m.david.x2x2x@g...> wrote: >> >> >> >>>I doubt any official or non official comment could (or should) be made >>>by an MS blue badge >>> >>> > > > >>Even patents that aren't plausible money-makers on the IP licensing >>market can be very valuable to companies as *defenses* against >>nuisance lawsuits. Look at IBM's counterclaims against "The SCO >>Group" -- lots of patent infringement claims that IBM could not >>plausibly initiate against a competitor, but are fair game to use >>against lawsuit scammers. The best defense in these cases is a good >>offense. "You are suing us for infringing your patent on hashtables, >>eh? Well, you're infringing our patents on half of Computer Science >>101 and here's a 1000-page countersuit." Deep sigh. >> >> > > This notion of mututually assured distruction is one that > interests me. If frivolous patent infringment claims are met > with like frivolous patent infringment claims, it makes the > pursuit of such litigation unprofitable. > > If the USPTO does issue patents for ideas that are not original, > or are quite obivous, I wounldn't mind so much, if they were > handing them out at a price that individuals and small firms > could afford. > > The large firms have legal departments that can churn out > patents in volume, lowering the cost of the patent application > process, by virtue of specialization. Good old Taylor. > > 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. > > One could use the resource that Len has proposed, to assist > individuals in authoring their patent applications, perhaps > partnering with a legal team that would integrate in a way that > their hours per application is affortable. > >-- >Alan Gutierrez - alan@e... > - http://engrm.com/blogometer/index.html > - http://engrm.com/blogometer/rss.2.0.xml > >----------------------------------------------------------------- >The xml-dev list is sponsored by XML.org <http://www.xml.org>, an >initiative of OASIS <http://www.oasis-open.org> > >The list archives are at http://lists.xml.org/archives/xml-dev/ > >To subscribe or unsubscribe from this list use the subscription >manager: <http://www.oasis-open.org/mlmanage/index.php> > > >!DSPAM:42a50905170344482196513! > > > begin:vcard fn:Rick Marshall n:Marshall;Rick email;internet:rjm@z... tel;cell:+61 411 287 530 x-mozilla-html:TRUE version:2.1 end:vcard 
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