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All Our Patent Are Belong To You

teslamotors.com

251–260 of 328 posts

Re: All Our Patent Are Belong To You

#251

Earlier quoted context omitted.

http://www.defensivepatentlicense.com/ (i'm not asserting it is perfect, just that it is an effort towards what you describe)

It's an interesting attempt. The problem I'm seeing is that it seems to do nothing about non-practicing entities, or to prevent the sort of thing Microsoft et al have done with Rockstar, essentially paying to license a bunch of questionable patents with the foreseeable effect of giving the non-practicing entity enough cash to create a menace for their competitors. What could be an interesting solution is to prevent p…

> it seems to do nothing about non-practicing entities

It doesn't do anything about non-practicing entities because it can't. There's no formulation of words that could cause a license to have any bearing on NPEs.

Your potential wording would make the patent license completely unusable. Perhaps an alternative might be something along the lines of: You may not license a patent that has been involved in legal dispute. If a licensed patent is subsequently involved in legal dispute, either this license or that license must be terminated within NN months.

Re: All Our Patent Are Belong To You

#252
There are almost no instances where patents turned out to be good for community. Wright Brothers stifled all competition by patent litigation causing US to be lightyears behind airplane tech. Edison similarly stifled lighbulb development causing Americans to pay for bad quality at higher prices than European counterparts. Steve Jobs tried to extinguish smartphone revolution causing funny things like removal of fairly generic features like pinch and zoom.

One would argue that they might not have been encouraged to invent these stuff if there were no patents. Even if that was true, the fact is that they had already ammassed massive fortunes even before they started patent wars. One would expect these visionary geniuses to let go patents in interest of advancing the state of art after they have gotten more money than they know how to reasonably spend. Elon Musk is the only one doing this here on the top of risking everything on fields that few entrepreneurs would dare. Hats off to him.

Re: All Our Patent Are Belong To You

#253
post #249

Earlier quoted context omitted.

Exactly. The car companies are all adults. I think this signals, "Let's go down a road where we don't wind up suing each other like the internet companies" This doesn't diminish the impact of what they're doing, but there's a practical side.

You say this like the people working for and running "the internet companies" aren't adults. Being over an age threshold doesn't have any connection to acting as a benevolent member of society, and all companies, including Tesla and Comcast and Apple and Wawa and Chipotle, are in business to make profits.

I don't think the "in business to make profits" part is entirely true. Apple and Tesla are both leading examples of companies that are out for something other than profits first. You can say that shareholder interests and publicly traded companies require ... but at the end of the day those are two companies that don't let capitalist dogma drive their path. I wish there were more than a handful.

Re: All Our Patent Are Belong To You

#255

If you want to track the death of the cultural vision of Silicon Valley -- the belief that some people, at least, can rise above petty human squabbling and competition and are legitimately working to better humanity -- look no further than this thread. Every top comment is a skeptical one. "This is clearly a great PR move, but has no teeth." "How do you enforce this guarantee?" Etc. These are reasonable questions, bu…

This deserves more than just an upvote, so:

To faith!

(wow, that was a sentence with low prior probability)

Re: All Our Patent Are Belong To You

#256
post #249

Earlier quoted context omitted.

Exactly. The car companies are all adults. I think this signals, "Let's go down a road where we don't wind up suing each other like the internet companies" This doesn't diminish the impact of what they're doing, but there's a practical side.

You say this like the people working for and running "the internet companies" aren't adults. Being over an age threshold doesn't have any connection to acting as a benevolent member of society, and all companies, including Tesla and Comcast and Apple and Wawa and Chipotle, are in business to make profits.

Quoting a good but dead comment for visibility:

citrik 10 minutes ago | link [dead]

I don't think the "in business to make profits" part is entirely true. Apple and Tesla are both leading examples of companies that are out for something other than profits first. You can say that shareholder interests and publicly traded companies require ... but at the end of the day those are two companies that don't let capitalist dogma drive their path. I wish there were more than a handful.

-----

Re: All Our Patent Are Belong To You

#257

Earlier quoted context omitted.

It's an interesting attempt. The problem I'm seeing is that it seems to do nothing about non-practicing entities, or to prevent the sort of thing Microsoft et al have done with Rockstar, essentially paying to license a bunch of questionable patents with the foreseeable effect of giving the non-practicing entity enough cash to create a menace for their competitors. What could be an interesting solution is to prevent p…

> it seems to do nothing about non-practicing entities It doesn't do anything about non-practicing entities because it can't. There's no formulation of words that could cause a license to have any bearing on NPEs. Your potential wording would make the patent license completely unusable. Perhaps an alternative might be something along the lines of: You may not license a patent that has been involved in legal dispute.…

It doesn't do anything about non-practicing entities because it can't.

I think AnthonyMouse's comment was referring to NPEs that were sponsored by a practicing entity that is subject to a reciprocal license. An effective such license would have to restrict participants from indirectly funding attacks that would be violations of their agreement if they carried out the attacks themselves.

Re: All Our Patent Are Belong To You

#258
post #219

Earlier quoted context omitted.

It's an interesting attempt. The problem I'm seeing is that it seems to do nothing about non-practicing entities, or to prevent the sort of thing Microsoft et al have done with Rockstar, essentially paying to license a bunch of questionable patents with the foreseeable effect of giving the non-practicing entity enough cash to create a menace for their competitors. What could be an interesting solution is to prevent p…

> Microsoft et al have done with Rockstar It is my understanding that Rockstar existed prior to Microsoft and others getting involved. They merely footed the bill.

What was Rockstar's business before the patent purchase? Or was Rockstar a shelf company?

Re: All Our Patent Are Belong To You

#259

Earlier quoted context omitted.

"Good faith" is somewhat subjective, and usually it depends on context. Generally speaking, it means acting in an as-stated, forthright, non-deceptive manner. For example, if I agree to explore a partnership with you "in good faith," it means I am serious about the possibility of a partnership. I am not merely wasting your time for the purposes of distracting you, defrauding you, conducting market espionage, or sendi…

Bad faith would be GM patenting an obvious extension to a Tesla patent. What I think Musk is trying to do is poison the electric car patent pool with Milk and Honey. It isn't just Tesla patents that matter, but the whole landscape. Patents stifle the spread and pace of good idea distribution.

[deleted]

Re: All Our Patent Are Belong To You

#260

There are almost no instances where patents turned out to be good for community. Wright Brothers stifled all competition by patent litigation causing US to be lightyears behind airplane tech. Edison similarly stifled lighbulb development causing Americans to pay for bad quality at higher prices than European counterparts. Steve Jobs tried to extinguish smartphone revolution causing funny things like removal of fairly…

It would indeed be plain absurd to argue that we needed patents to achieve flight.
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