Re: [ossig] Interesting comment on S/W Patents

[ditesh@xxxxxxxxxx]

> In a slashdot discussion of Bruce Perens comment on Patent Pool.
>
> http://yro.slashdot.org/comments.pl?sid=158939&threshold=1&commentsort=0&tid=155&mode=thread&cid=13316181
>
> This is informative.

Interesting read. I suppose it would be a good idea to ask rms of his
views about the patent pool when he's down next week, though I can't see
him disagreeing with Perens on this.

Interestingly, Eben Moglen (FSF legal counsel) at linuxconf.au this year
proposed a patent pool to be able to be used as a defensive counter
measure. He asked for members of our community to submit ideas to FSF who
would then go through the process of patenting the ideas as a defensive
measure. Several people, myself included, were not happy about this
proposal as it would validate software patents.

However, Eben made the same argument for his proposal that was made in
that /. post:

"If any of those large companies are serious about building a protective
shield for open source against its competitors, then they have to provide
a trustworthy and truly independent open-source body with patents that can
be used for retaliatory strikes (i.e., are not part of any existing
cross-licensing deals) and consequently are a basis for forcing potential
aggressors into cross-licensing agreements to protect all of open source.
Simply put, if you have a few dozen patents that could be used to stop the
distribution of Windows, then you have a bargaining position. Everything
else is useless.

...

The only definitive solution of the patent problem is at the legislative
level, and until that happens, the only form of defense that makes any
sense is the threat of mutually assured destruction."

Ditesh

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