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   Re: [xml-dev] Another Microsoft XML patent

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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 <michaelc.champion@gmail.com> [2005-06-05 23:38]:
>>On 6/5/05, M. David Peterson <m.david.x2x2x@gmail.com> 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 - alan@engrm.com
>    - http://engrm.com/blogometer/index.html
>    - http://engrm.com/blogometer/rss.2.0.xml
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fn:Rick  Marshall
tel;cell:+61 411 287 530


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