Open Source Licenses and Embrace-Extend-Extinguish

Matthew Flaschen matthew.flaschen at
Thu Feb 14 17:52:09 UTC 2008

msibley at wrote:

> Trademarking is interesting, but it assumes that Dr. Evil wasn't
> planning 
> on his own name for the original designers work in the first place. 
> Patent doesn't make sense because bastardizing the protocol only 
> requires a new patent, referencing the old patent as prior-art. 

No, because the bastardized version would still infringe the original 
patent.  And if the new patent is too similar to the old, it wouldn't be 
granted (if the USPTO were sane, that is).

Patenting is actually a way to accomplish your goal.

Matt Flaschen

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