[clug] FOSS patent infringements

Jason j.lee.nielsen at gmail.com
Wed May 16 02:58:35 GMT 2007

So maybe what is needed, (apart from the complete abolishment of software patents and the extreme shortening of the exclusive rights period for all patents ) is for a time period to be set so that after say 3 years of a company being aware of others using their patent without taking formal legal action to attempt to stop it they loose the right to that patent. I'm sure there would be a good case or two to found in property law and squatters rights stuff.


On Wed, 16 May 2007 12:23:06 +1000, Mike Carden <mike.carden at gmail.com> wrote:

>> They say, "Hah, you're using 250 of my patents but I'm not telling you
>> which ones" but you reply, "Hah, you're using 500 of my patents but I'm
>> not telling you which ones".
> According to Sun's Simon Phipps, that's meant to be the reason that
> Sun continues to accumulate patents and purposely does so as fast as
> possible. Speaking at Open CeBIT, Simon explained that Sun see their
> patent portfolio as a necessary weapon in the patent 'arms race' but
> that they would rather see patent law reformed such that it's no
> longer a necessity.
> Simon also spoke a bit about Sun's desire to exempt anyone working
> within open source communities to which Sun contributes, from having
> to be concerned about Sun's patents.
> I want to believe him, but to me it sounds a lot like another
> company's Covenant Not To Sue and I don't trust that at all. I don't
> understand why it's necessary to say "Do it and I promise not to sue
> you" instead of "You're free to do as you wish."
> It's all a bit disturbing.

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