brainstorming

[Benjamin Rossen]

Hello, 

No. I do not want to prevent anyone from using the software, the ideas, the 
innovations, the patterns, the algorithms or what ever else. In fact, I would 
want to encourcage them to use it, also in closed source and any other kind 
of software. However, when they use it, they agree not to take legal action 
against the Open Source community for using their ideas, innovations, 
patterns, the algorithms or what ever else - whether patented by them or not. 

Proprietary patents are useful protection against other proprietary closed 
source software vendors. They can fight it out among themselves. In reality, 
this rarely comes to fighting - it comes down to swap deals. Philips of the 
Netherlands and Sony of Japan have such a long tradition of making swap deals 
that they even share research secrets. The swap deals are simple things, like 
this: 
Philips may use Sony patents  AND  Sony may use Philips patents. 

They don't fight about it... they negotiate. 

The Open Source community cannot enter into that kind of relationship with 
proprietary software companies. At present the deal is this:
Proprietary Software (usually also closed source) suppliers may use Open 
Source ideas, innovations patterns, algorithms (even copy code directly) from 
the Open Source comminuty, but there is no reciprocity... Open Source may not 
use proprietary innovations if they have been patented. 

That is no deal. 

That is the problem. 

My suggestion is to frame the Open Source License in such a way that if 
proprietary companies use any ideas from the Open Source Community in their 
own software, then Open Source community can use any of their patents without 
fear of prosecution and without requirement to pay royalties. 

This would even the playing field. 

How can this be done? It is a question. I am not taking a position here, at 
least not a postition on how the Open Source License should be framed. I am 
asking if it is possible to frame the license in a way that gives us this 
kind of even playing field. 

Benjamin Rossen 
http://www.amiculus.com 


On Friday 14 January 2005 17:44, Thorsten Glaser wrote:
> Benjamin Rossen dixit:
> 
> >Could this be framed in such a way that these innovations may not be used 
in 
> >any license other than Open Source?
> 
> Not everybody wants this. It's the GNU vs BSD thing again:
> 
> Most GNU advocates don't understand that BSD people don't care about
> companies such as Microsoft, IBM etc. are using their code in a
> closed-source application. Many BSD developers are even _happy_ about
> this because it shows their work is appreciated.
> 
> You're trying to take the freedom from us to allow everyone to
> use them with _as few_ strings attached as possible.
> 
> I hope I didn't misread your posting though.
> 
> bye,
> //mirabile
>