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   Re: [xml-dev] Another Microsoft XML patent

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* James Fuller <jim.fuller@ruminate.co.uk> [2005-06-07 04:46]:
> Alan Gutierrez wrote:
> >* James Fuller <jim.fuller@ruminate.co.uk> [2005-06-07 03:52]:

> >>>   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.

> >    Moreover, I'd like to see a the organization establish a patent
> >    pipeline for small businesses and individuals, so that it the
> >    organization can build a portfolio and have a deterrent.

> >    The business case for joining a patent union would be for small
> >    firms to show investors and customers that their product is
> >    backed by patent, and that even though the patent will not be
> >    enforced for royalties, the patent will serve to protect the
> >    frim from takedown litigation.
> >  

> like this lightweight approach, avoids getting bogged down by
> being essentially a service orientated org to small business

> >>So are there any patent lawyers lurking to start up Software
> >>Developer Patent Union?

> >    Good question. How does one find the legal talent for this sort
> >    of thing? I'd look for a law firm that already caters to patent
> >    applicants, and put this idea forward as a means to increase
> >    business.

> I know a few legal people who specialise in IP and patent law
> worldwide...though convincing them for a gratis or near free
> effort would be difficult, such an effort requires that unusual
> hybrid: Legal / XML developer....does such a person exist?

    My take on the organization is that we find money to fund the
    legal department.
    By establishing an open patent pipeline, they can make a
    business out of processing the applications. That would be one
    incentive to participate.

    Otherwise, since this really is in the interests of the
    developers, I feel the developers should compensate. 

    You get what you pay for. If we don't pay for the charter, then
    we might give the attorneys less on an incentive to look out for
    our interests, and might have them begin to see this as their
    own endeavour, so that they will craft it to serve their interests.

    I think there is a nice proposition for the legal team though in
    setting up a patent application business ...

> >    The idea being that by being a part of the open patent pipeline,
> >    they'd work towards spending less time on each appilcation, but
> >    would get more volume, and have to do less hand holding. A
> >    patent application would arrive vetted, proofed, and written
> >    according to a style guide.

> +1

    ... like this one.

    But, then it might be better to separate the two components, so
    we are not locked into a relationship with a single legal team.
    You could end up creating a portal for patent applications, and
    then you'd want to have the service providers compete with one another.

> >    I like that name better than union, by the way, Open Patent
> >    Pipeline. In the U.S. at least, union sounds anti-business.

> +2,  nice and snappy.....

    Glad you like it. :^)
    I came up with that when I was chatting with some other
    developers about this issue some time back.

> so now we need a simple charter, a super XML/Lawyer, and a few
> good wo/men to sign the initial document.

    Let's look at Apache, and the structure of some of the standards
    I'd like to have an organization that does more than indemnify,

Alan Gutierrez - alan@engrm.com
    - http://engrm.com/blogometer/index.html
    - http://engrm.com/blogometer/rss.2.0.xml


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