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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
 You (Fuller, etc.) don't have to form a union. That is what a standards keiretsu is. It mutually indemnifies members who contribute technology. Contractually, it is the best defense because it both protects against predation and it creates standards. Check the membership or participation agreements closely. Otherwise in areas such as 3D, we see companies such as Intel with deep pockets attempting to create faux standards (see 3DIF) and using their muscle to make client companies acquiesce. Microsoft has a neat variation on that theme. They hire marketing companies to create so-called 'alliances' that are actually marketing fronts who sponsor the use of their technology (say BizTalk) in markets where they want to obtain presence particularly where they have been rebuffed by the large government clients. By combining this with predatory patents, they can muscle the companies with legitimate presence in those markets to join (and offering other incentives). I say neat because this is legal. There is an excellent article on CNet from the HBS that models the Microsoft vs Linux battle and how MS can maintain their hegemony particularly if they enable piracy of their own OS products. The game could be played both ways if the standards keiretsu virtuously and rapidly begin to copyright code and patent operating systems concepts. It is a horse race to see who outlicenses whom. It is the software equivalent of the right-wing 'nuclear option' in American politics (vote away the right to filibuster). The ultimate result is a sharp increase in piracy. len ps: reading the mail further, I see Mike C. makes the same analogy. It's MAD for sure. What me worry? From: Alan Gutierrez [mailto:alan-xml-dev@e...] 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. 
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