Suggestion: Monkey wrench [LWN.net]

Suggestion: Monkey wrench

Posted Aug 10, 2005 2:10 UTC (Wed) by Richard_J_Neill (subscriber, #23093)
Parent article: OSDL announces Patent Commons Project

To make it most effective, I think it needs to be larger in scope.
I propose:

Anyone who has a patent (including Free Software developers) can put it into the commons. Anyone who has an idea which might be patentable can also put the idea into the commons (and OSDL will apply for the patent, i.e. sort out the legal, admin, and finance).

Then, those patents can be used by anyone. I.e. if BadCompany B asserts any of B's patents in any lawsuit (except a patent defense countersuit) against innocent victim V, then anyone (whether V, or a third party, T) can use any of the patents in the pool to sue B.

The aim would be to build a large commons, and monkey-wrench the entire patent system into non-workability. It should become impossible to assert any patent (software or otherwise), except for defensive purposes. We might even make allies of the "IP predators", since the role of T could be quite lucrative....

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Suggestion: Monkey wrench

Posted Aug 10, 2005 10:18 UTC (Wed) by ncm (subscriber, #165) [Link]

Even more so, anybody contributing patents shouldn't be allowed to claim immunity -- if they enforce some other patent they didn't contribute against a free-software project or legitimate user thereof, they should lose the right to use any patents in the pool (except of course their own), and might be sued by V or T.

Suggestion: Monkey wrench

Posted Aug 10, 2005 12:18 UTC (Wed) by penguinroar (guest, #14460) [Link]

I agree totally about being able to give ideas away to OSDL patent commons. There are plenty of us out here who have good ideas wich could be patented but not money nor any real incentive to take a patent on them.

It would be better if software patents would disappear but its not likely with all the big companies sitting on so many of them.

Suggestion: Monkey wrench

Posted Aug 10, 2005 15:18 UTC (Wed) by smitty_one_each (subscriber, #28989) [Link]

Wasn't the patent system intended to protect and encourage innovation?
If what you say is true (and I'll venture it is), then the system has become its antithesis.

Suggestion: Monkey wrench

Posted Aug 10, 2005 12:48 UTC (Wed) by zotz (guest, #26117) [Link]

With a slight change to the law, we could also forgoe the expense of getting patents for every idea:

Prior art search must also search this database and the database is evidence of prior art. I think I have posted this idea for years using the term "idea bank" but I could be mistaken, it has certainly been in my notes for years.

Having some "pool owned" patents (especially fundamental ones) might be a nice lever as well though.

all the best,

drew