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added positive patents part.
author Robert McIntyre <rlm@mit.edu>
date Sat, 13 Jul 2013 14:01:44 -0400
parents 8d2aa8256786
children 42b447a048aa
comparison
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48:50e942c96843 49:8aa965b5ae9a
6 #+SETUPFILE: ../../aurellem/org/setup.org 6 #+SETUPFILE: ../../aurellem/org/setup.org
7 #+INCLUDE: ../../aurellem/org/level-0.org 7 #+INCLUDE: ../../aurellem/org/level-0.org
8 8
9 9
10 (This is all based on my knowledge of American patent/copyright law, 10 (This is all based on my knowledge of American patent/copyright law,
11 though the situation should be similiar in other countries.) 11 though the situation should be similar in other countries.)
12 12
13 * Copyright is normally a negative force 13 * Copyright is normally a negative force
14 14
15 Copyright is something the you are automatically granted whenever 15 Copyright is something the you are automatically granted whenever
16 you create a work in some permanent form; you don't have to request 16 you create a work in some permanent form; you don't have to request
86 exclusive rights to make that invention. 86 exclusive rights to make that invention.
87 87
88 Unfortunately, treating patents as physical objects has had an 88 Unfortunately, treating patents as physical objects has had an
89 unintended side-effect: [[http://en.wikipedia.org/wiki/Patent_troll][patent trolls]]. These are companies that 89 unintended side-effect: [[http://en.wikipedia.org/wiki/Patent_troll][patent trolls]]. These are companies that
90 collect patents from companies that go out of business (and though 90 collect patents from companies that go out of business (and though
91 other means) and then sue companies for patent violations. The do 91 other means) and then sue companies for patent violations. They do
92 not produce any goods or services; their entire business model is 92 not produce any goods or services; their entire business model is
93 suing people. Most patent lawsuits (more than 50%) are initiated by 93 suing people. Most patent lawsuits (more than 50%) are initiated by
94 patent trolls. 94 patent trolls.
95 95
96 ** Patents are arranged in a dependency network 96 ** Patents are arranged in a dependency network
115 created "neutral" patents that allow open source software to 115 created "neutral" patents that allow open source software to
116 develop, but do not particularly encourage it to develop. They have 116 develop, but do not particularly encourage it to develop. They have
117 done this by attaching legally binding conditions on the enforcement 117 done this by attaching legally binding conditions on the enforcement
118 of their patents via a pledge. 118 of their patents via a pledge.
119 119
120 * COMMENT Positive Patents 120 * Positive Patents
121 We can create patents that actively enable freedom by emulating 121 We can create patents that actively enable freedom by emulating
122 the GPL. What it would take is a company that issues a more 122 the GPL. What it would take is a company that issues a more
123 aggressive pledge about its patents; Something along the lines of: 123 aggressive pledge about its patents; Something along the lines of:
124 124
125 #+begin_quote 125 #+begin_quote
126 The Positive Patent Pledge, v0.1 126 The Positive Patent Pledge, v0.1
127 127 "
128 "We pledge to sue any entity that tries to sell/distribute any 128 This pledge must go along with this patent -- if the patent is sold
129 or transfered then the party must take this pledge as a condition of
130 recieving this patent.
131
132 We pledge to sue any entity that tries to sell/distribute any
129 product that is covered by our patents. We will not settle for any 133 product that is covered by our patents. We will not settle for any
130 amount of money but will instead ensure that the product will never 134 amount of money but will instead ensure that the product will never
131 see market, as is our right under patent law. 135 see market, as is our right under patent law.
132 136
133 The only exception is if the product is free (all code/methods of 137 The only exception is if the product is free (all code/methods of
159 read: 163 read:
160 164
161 #+begin_quote 165 #+begin_quote
162 The Positive Patent Pledge v0.2 166 The Positive Patent Pledge v0.2
163 167
164 "We pledge to sue any entity that tries to sell/distribute any 168 This pledge must go along with this patent -- if the patent is sold
169 or transfered then the party must take this pledge as a condition of
170 recieving this patent.
171
172 We pledge to sue any entity that tries to sell/distribute any
165 product that is covered by our patents. We will not settle for any 173 product that is covered by our patents. We will not settle for any
166 amount of money but will instead ensure that the product will never 174 amount of money but will instead ensure that the product will never
167 see market, as is our right under patent law. 175 see market, as is our right under patent law.
168 176
169 The only exception is if the product is free (all code/methods of 177 The only exception is if the product is free (all code/methods of
181 #+html: <ul> <li> <a href="../org/patents.org">This org file</a> </li> </ul> 189 #+html: <ul> <li> <a href="../org/patents.org">This org file</a> </li> </ul>
182 - [[http://hg.bortreb.com ][source-repository]] 190 - [[http://hg.bortreb.com ][source-repository]]
183 191
184 192
185 * COMMENT 193 * COMMENT
186 use proscriptive/freedom enabling/disabling? 194 use prescriptive/freedom enabling/disabling?
187 195
188 explain a scenario of how this pledge would work. 196 explain a scenario of how this pledge would work.
189 197
190 Describe that this is to destroy the patent system 198 Describe that this is to destroy the patent system
191 199