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RE: [xml-dev] Let's get real on W3C XForms 1.0 (why it stinks, to day)
- From: Jim Ancona <firstname.lastname@example.org>
- To: Ann Navarro <email@example.com>, Benjamin Franz <firstname.lastname@example.org>,email@example.com
- Date: Fri, 05 Oct 2001 12:07:51 -0700 (PDT)
--- Ann Navarro <firstname.lastname@example.org> wrote:
> At 08:53 AM 10/5/2001 -0700, Benjamin Franz wrote:
> >Draconian, sure. But it does the right thing by shifting the burden from
> >everyone else in the world to find out that concept Y has been patented
> >to the holder of the patent to _make known_ that they hold a patent on Y.
> Draconian contract wording looks good, but violations are likely to be
> commonplace despite it.
But with Benjamin's wording, that wouldn't matter. If the company inadvertently
fails to disclose, fine, they just granted the world a free license to use the
patent to implement the recommendation. If someone can prove that they
intentionally failed to disclose, the patent is now free for anyone to use for
anything. (Personally, I think the second clause is a nice-to-have--I'd settle
for the compulsory free license for implementation.)
I would think that getting companies to sign on to this would be hard. The
lawyers would see it as inadvertantly giving away their valuable IP.
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