brainstorming

[jurban at law.usc.edu]

FYI, EFF and Brewster Kahle of the Internet Archive and I also think this
is a critical issue. EFF and Brewster are working with the new
Intellectual Property Clinic at USC on a licensing scheme--the Defensive
Patent License-- that would allow/encourage patent-holders to license
their patents defensively to keep the patented code open. We are still in
the discussion stage, working out the exact model, but we will definitely
keep you posted.

-- 
Jennifer M. Urban
Director, Intellectual Property Clinic
Clinical Assistant Professor of Law
The Law  School, Rm 410
University of Southern California
tel: (213) 740-1538
fax: (213) 740-5502
jurban at law.usc.edu

> 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
>>
>