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Google Should Publicly Oppose Software Patents

blogs.forbes.com

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Re: Google Should Publicly Oppose Software Patents

#11

Post by tomp »

w01fe wrote: post #7

Here's an idea I had the other day, which may be crazy or old news: Google should start a patent pool with all of their patents. Every company would be granted full license to use these patents, as long as they commit not to sue anyone else (in or out of the pool) for patent infringement. Ideally, they would commit their own patents to the pool as well. With enough buy-in, this could effectively null out software pat…

The problem is that Google's patent pool is relatively insignificant (in terms of size, not necessarily scientific merit) compared to some other, much older companies...

Re: Google Should Publicly Oppose Software Patents

#12

Post by w01fe »

wheels wrote: post #10
w01fe wrote: post #7

Here's an idea I had the other day, which may be crazy or old news: Google should start a patent pool with all of their patents. Every company would be granted full license to use these patents, as long as they commit not to sue anyone else (in or out of the pool) for patent infringement. Ideally, they would commit their own patents to the pool as well. With enough buy-in, this could effectively null out software pat…

That's basically what the Open Innovation Network is: http://www.openinventionnetwork.com/about.php

Thanks, that is definitely related (and admirable). But, in my scheme the proposed pool would sue anyone who sues for software patent infringement, regardless of whether the original suit has anything to do with patents in the pool. To receive this coverage, the target of the suit might be required to donate their own patents to the pool first. This could create a positive feedback loop, to quickly grow the patent pool to the size necessary to have broad influence.

Re: Google Should Publicly Oppose Software Patents

#13

Post by Jabbles »

w01fe wrote: post #12
wheels wrote: post #10

Earlier quoted context omitted.

That's basically what the Open Innovation Network is: http://www.openinventionnetwork.com/about.php

Thanks, that is definitely related (and admirable). But, in my scheme the proposed pool would sue anyone who sues for software patent infringement, regardless of whether the original suit has anything to do with patents in the pool. To receive this coverage, the target of the suit might be required to donate their own patents to the pool first. This could create a positive feedback loop, to quickly grow the patent po…

Presumably with the exception of counter-suing companies that have sued you? Companies build patent portfolios so that other companies will be wary of suing them for fear of being counter-sued (simplification). If being a member of this pool removed your ability to even act defensively, I don't think it would achieve its goals.

Re: Google Should Publicly Oppose Software Patents

#14

Post by abraham »

Jabbles wrote: post #13
w01fe wrote: post #12

Earlier quoted context omitted.

Thanks, that is definitely related (and admirable). But, in my scheme the proposed pool would sue anyone who sues for software patent infringement, regardless of whether the original suit has anything to do with patents in the pool. To receive this coverage, the target of the suit might be required to donate their own patents to the pool first. This could create a positive feedback loop, to quickly grow the patent po…

Presumably with the exception of counter-suing companies that have sued you? Companies build patent portfolios so that other companies will be wary of suing them for fear of being counter-sued (simplification). If being a member of this pool removed your ability to even act defensively, I don't think it would achieve its goals.

I understood it as the company or the pool could counter-sue with the entire pool rather then just the portfolio originally owned by the company.

Re: Google Should Publicly Oppose Software Patents

#15

Post by w01fe »

abraham wrote: post #14
Jabbles wrote: post #13

Earlier quoted context omitted.

Presumably with the exception of counter-suing companies that have sued you? Companies build patent portfolios so that other companies will be wary of suing them for fear of being counter-sued (simplification). If being a member of this pool removed your ability to even act defensively, I don't think it would achieve its goals.

I understood it as the company or the pool could counter-sue with the entire pool rather then just the portfolio originally owned by the company.

Exactly. Joining the pool effectively signs away your rights to make offensive lawsuits, in exchange for gaining the rights of the entire pool for defensive purposes.

Re: Google Should Publicly Oppose Software Patents

#16

Post by alecco »

w01fe wrote: post #7

Here's an idea I had the other day, which may be crazy or old news: Google should start a patent pool with all of their patents. Every company would be granted full license to use these patents, as long as they commit not to sue anyone else (in or out of the pool) for patent infringement. Ideally, they would commit their own patents to the pool as well. With enough buy-in, this could effectively null out software pat…

That wouldn't defend them against the pure patent troll businesses without products or research. Also, what would happen with the small open source developers if there's such a stash of legal power concentrated by their competitors. It can turn very bad.

Re: Google Should Publicly Oppose Software Patents

#17

Post by espeed »

By Lee saying that "Google Should Publicly Oppose Software Patents," he is trying to box Google into a precarious position because one of Google's original patents -- PageRank -- is one of its key differentiators, and he knows Google is never going to "oppose" patents or give that up.

Re: Google Should Publicly Oppose Software Patents

#18

Post by w01fe »

alecco wrote: post #16
w01fe wrote: post #7

Here's an idea I had the other day, which may be crazy or old news: Google should start a patent pool with all of their patents. Every company would be granted full license to use these patents, as long as they commit not to sue anyone else (in or out of the pool) for patent infringement. Ideally, they would commit their own patents to the pool as well. With enough buy-in, this could effectively null out software pat…

That wouldn't defend them against the pure patent troll businesses without products or research. Also, what would happen with the small open source developers if there's such a stash of legal power concentrated by their competitors. It can turn very bad.

Patent trolls: I don't have a good answer, other than (1) nobody would be worse off than before in this regard, and (2) once the only lawsuits are from patent trolls, it may be much easier to enact legal change. (Members of the pool will be incentivized to lobby for patent reform, rather than preserving the status quo).

Small developers: They just join the pool, or don't join and just don't sue anyone. Members in the pool would irrevocably sign away their rights to offensive lawsuits, so how could it turn bad? In other words, the "stash of legal power" is not concentrated by "competitors", but by "we, the people".

Re: Google Should Publicly Oppose Software Patents

#19

Post by WoundedMarlin »

The patent law should change to, if the company goes under or after so many years the patent is no longer valid. Once the patent is no longer valid it can not be re patented ever again. This way companies can't keep using there old patents to hold inovation hostage.
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