OSRM's patent study [LWN.net]

OSRM's patent study

Posted Aug 5, 2004 15:49 UTC (Thu) by coriordan (guest, #7544)
In reply to: OSRM's patent study by BrucePerens
Parent article: OSRM's patent study

I'm not convinced of OSRM's net benefit to the fs community. (But I'm open to convincing.)

Patent litigation insurance creates bounties for patent holders to attack fs companies, and it may increase the cost of starting up a company since "due diligence" for investors may require companies to purchase OSRM's product.

I know the money from such purchases will fund PR campaigns for people like yourself, but that comes at a cost to many others. (kinda like a forced donation where the donor doesn't choose the recipient and the taxman gets his share.)

Most fs distributors are non-commercial or low budget, so the only incentive to attack us with patents was to prevent competition (this motivates monopolies), but the introduction of insurance adds a financial incentive to attack us (this motivates parasitic IP law firms).

I'm holding back on my criticism a little since the board has yourself, Ravicher, and PJ. Am I missing something?

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OSRM's patent study

Posted Aug 5, 2004 15:57 UTC (Thu) by BrucePerens (guest, #2510) [Link] (1 responses)

I think the main thing you are missing is that insurance companies do not increase the risk of the people they insure. If you sue an Autozone-like company and they have OSRM insurance, the suit is still against the Autozone-like company and you still collect from them. Then they get reimbursed by OSRM. You can sue them whether or not they are insured, it is probably going to be easier to collect if they are not insured because they may settle. OSRM has an incentive to help their customer win the case rather than see the plaintiff collect from all of the other OSRM customers. So, people who might have brought a suit may be dissuaded because OSRM is there.

The insurance is for firms with pockets deep enough to be picked by patent holders. Please don't shoot the messenger for reporting that there is a patent problem, we aren't the only folks doing that and the problem is unfortunately very real.

Bruce

OSRM's patent study

Posted Aug 5, 2004 16:09 UTC (Thu) by coriordan (guest, #7544) [Link]

> > Am I missing something?
>
> the suit is still against the Autozone-like company and you still collect from them

Aha. I was missing that bit. Thanks & good luck.