[openip] Re: An idea for opening software patents...

Robert M. Muench robert.muench at robertmuench.de
Thu Oct 21 07:56:31 UTC 1999


> -----Original Message-----
> From: Richard Stallman [mailto:rms at gnu.org]
> Sent: Wednesday, October 20, 1999 8:40 PM
> To: robert.muench at robertmuench.de
> Cc: dthudson at concentric.net; ross at rocksoft.com; openip at egroups.com;
> anicolao at mud.cgl.uwaterloo.ca; ghost at aladdin.com; weigel+ at pitt.edu;
> cowan at locke.ccil.org; Ken.Coar at Golux.Com; gnu at gnu.org;
> graham at collector.hscs.wmin.ac.uk; fsb at crynwr.com;
> pleb at cse.unsw.edu.au;
> license-discuss at opensource.org
> Subject: [openip] Re: An idea for opening software patents...

> I discussed this with lawyers years ago, as president of the LPF.  I
> was told that often it is a better strategy to save the prior art for
> a trial (assuming the patent holder goes so far as to sue).

Having read the very detailed posting from Mike Brown and your statement
here, I think this is a good suggestion. If we show up all our prior art to
early and support the 'trivial-patent-filer' to make the patent more
obscure, we would have done the opposite what we wanted.

Maybe the best approach than is, to build a database for trivial patents
which just states: We have XYZ prior arts found. If you are sued by this
patent get in contact with us to recieve the information.

I think it should be possible for a company to show that they are being
sued. Do you think this is a possible & better approach?

Robert M. Muench, Karlsruhe, Germany
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