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Doug Ransom wrote:
>I don't think determining the originality of the work is a problem, even after a patent grants if prior art is found claims of originality can be repudiated.
>
The problem with this is that it takes massive resources to fight and
defend patent claims in court. It's very easy for a large corporation to
use patent litigation as a business strategy against smaller rivals. The
open source world looks especially vulnerable to this type of ploy,
since there's no single entity that's likely to step up and bear the
legal load if companies start making claims against open source
programs. On the other side, it's very difficult for a small company to
collect on valid patents being violated by large corporation for the
same reason.
These days it basically comes down to a trench battle of legal team vs
legal team, with the side that has the largest budget generally
prevailing. It's hard to see how this contributes to the supposed goal
of fostering innovation.
- Dennis
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