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a local comment from a long standing technology columnist:
this is a big problem. if australia's largest (and government owned)
research organisation has trouble protecting itself, then i reckon
game's up for just about everyone else. it's playground fight over the
lollies and the bullies are still winning.......
Alan Gutierrez wrote:
>* Michael Champion <email@example.com> [2005-06-05 23:38]:
>>On 6/5/05, M. David Peterson <firstname.lastname@example.org> wrote:
>>>I doubt any official or non official comment could (or should) be made
>>>by an MS blue badge
>>Even patents that aren't plausible money-makers on the IP licensing
>>market can be very valuable to companies as *defenses* against
>>nuisance lawsuits. Look at IBM's counterclaims against "The SCO
>>Group" -- lots of patent infringement claims that IBM could not
>>plausibly initiate against a competitor, but are fair game to use
>>against lawsuit scammers. The best defense in these cases is a good
>>offense. "You are suing us for infringing your patent on hashtables,
>>eh? Well, you're infringing our patents on half of Computer Science
>>101 and here's a 1000-page countersuit." Deep sigh.
> This notion of mututually assured distruction is one that
> interests me. If frivolous patent infringment claims are met
> with like frivolous patent infringment claims, it makes the
> pursuit of such litigation unprofitable.
> If the USPTO does issue patents for ideas that are not original,
> or are quite obivous, I wounldn't mind so much, if they were
> handing them out at a price that individuals and small firms
> could afford.
> The large firms have legal departments that can churn out
> patents in volume, lowering the cost of the patent application
> process, by virtue of specialization. Good old Taylor.
> The patent application process becomes an effective barier to
> entry for the small innovators that they tout as the little guy
> that the patent office serves to protect.
> I might have an idea that is every bit as novel as something
> found at Large Firm Research, but when do I have the time, as an
> individual, to write out a patent application? I barely have
> enough time to write out my code and documentation.
> I've often thought of some sort of patent union for small
> firms, open source developers, a treaty organization. The Apache
> 2.0 License does something like this.
> One could use the resource that Len has proposed, to assist
> individuals in authoring their patent applications, perhaps
> partnering with a legal team that would integrate in a way that
> their hours per application is affortable.
>Alan Gutierrez - email@example.com
> - http://engrm.com/blogometer/index.html
> - http://engrm.com/blogometer/rss.2.0.xml
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