Patent Liability Insurance

Andrew C. Oliver acoliver at
Tue May 15 12:07:50 UTC 2007

Personally I think the have-nots on the business end should help fund a 
few of these lawsuits provided they agree never to file their patent 
against open source.  Its a bit Machiavelli meets Sun Tzu but if enough
people gave to the cause they might be able to shake Microsoft down for 
a few Bil.  Sure they'd just come out with a new flavor of Vista to pay
for it but maybe take out a few companies like SCO.  Screw up the system
enough and maybe Brian gets his way..

Lawrence Rosen wrote:
> Brian Behlendorf wrote:
>> I always figured that at some point the cost of patents to the industry as
>> a whole (excepting trolls with no other revenue stream) would become so
>> burdensome that even traditionally patent-loving firms would petition for
>> wholesale effective reform.  It'll be interesting to watch how this case
>> plays out:
> If we worried about every silly lawsuit by people who can afford little more
> than the filing fee in federal court, we'd go crazy. Don't bet that a patent
> lawsuit can be based on *not* using the technology. 
> OTOH, damages based on *not* using reasonably available technology to fix a
> bug might (?) be appropriate in some circumstances. I don't see that the
> "DMCA or the rights of American Intellectual Property owners" justify that
> remedy, though. 
> Thanks for sharing this bit of legal trivia. It made me laugh at the
> outrageousness of this case. If you personally are served with this
> complaint, Brian, call one of us lawyers here to defend you pro bono just
> for the publicity value. :-)
> /Larry

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