Linux Scare Tactics (Forbes) [LWN.net]

Linux Scare Tactics (Forbes)

Posted Aug 3, 2004 14:35 UTC (Tue) by adulau (guest, #1131)
In reply to: Linux Scare Tactics (Forbes) by BrucePerens
Parent article: Linux Scare Tactics (Forbes)

IMHO

The situation is getting worse if you acknowledge the existing patent. A simple example, a lot of patents are similar or related or cross-referenced. If you gain a non-revocable RF-License (for GPL only) from a "friendly" patenter, everything looks ok (a part the complexity layer this is not good but it's another story). Now, an unfriendly patent holder said his patent is similar to the patent where you have the RF-license. He starts a procedure against the patent holder to devalidate the friendly patent. The judge said that the unfriendly patent is valid and the other one is devalidated due to the anteriority. Now, you have publicly announced a RF-license for the friendly patent, the unfriendly patent holder can easily ask for more money due to the "ack" of the patent... The patent system is cleary flawed. Working with the patent system is more dangerous than not working with it.

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Linux Scare Tactics (Forbes)

Posted Aug 3, 2004 18:31 UTC (Tue) by mmarsh (subscriber, #17029) [Link]

Not working with the patent system just isn't a real option for anyone in the USA. The system's there, and ignoring it doesn't protect you from it. What OSRM is doing is saying, "There appears to be a real risk of patent lawsuits against Linux users/developers. Your pockets might not be deep enough to defend yourself in court, but if you buy our insurance, we'll be able to defend you, and all of our other policyholders." If a patent gets smacked down in court from one case, everyone else is protected against further litigation using that patent.

We're talking about insurance here, which is all about risk management. If you're convinced that you'll never be sued over an alleged patent infringement, then don't buy a policy. If you have a stable of lawyers who can defend you and possibly launch a counter-attack, then don't buy a policy. If you want to pool your financial resources with others, you can either support the EFF and hope they defend you, or you can buy a policy and *know* that OSRM will defend you.

The triple damages aspect is somewhat unfortunate. Ideally, we'd have a group of lawyers and programmers looking at all of the patents and figuring out which ones are vulnerable. Since those programmers can no longer develop software without worrying about taint, I doubt we'd find many takers. Perhaps someone who is retired or has moved on to something aside from programming might volunteer, if any such qualified person exists. The next best thing might be a database of all the neat hacks people can remember, ideally with names, dates, and corroborating evidence, that the lawyers can then search through for prior art. That would be taint-free, but likely also a serious pain.