Hi. Sorry to barge in like this, but I don't quite understand the problem to begin with... Isn't open source code by definition protected against subsequent patents? It is part of the patenting process to search for conflicting publications; if they find any, then the candidate idea is not a novelty and cannot be patented. Publishing is the best weapon against (subsequent) patents: cheap and effective. I think we should just add some way to automatically timestamp every code check-in in a legally binding way, like using some outside certification entity's digital signature (that carries a legally recognizable timestamp). An open-source public repository is a valid publication of ideas, which are therefore not patentable. What do you think?
----- Mensagem Original ----- De: Sean Moss-Pultz <[EMAIL PROTECTED]> Data: Terça-Feira, 12 de Fevereiro de 2008, 4:25 Assunto: Re: Patents and OpenMoko > Nils, > > Thanks a lot for such an indepth reply. I need to think about a > lot of > these points. Let me just comment on a few now... > > On 2/11/08 Nils Faerber wrote: > > [snip] > > > > Are there any existing options available to us now? Does > anyone > > know of > > > > existing companies or organizations with a similar strategy > that > > we can > > > > seek guidance or partnership. > > > > > > > > Again, I want to emphasize that we only want our patents to > be > > used in > > > > defense. And what constitutes defense is something that we > want > > to be > > > > able to define (and potentially even redefine when new > threats > > arise). > > > > This is a noble aim but very very difficult to reach. > > Perhaps. But I think we should try our best... > > > Speaking as a free software acitvist especially software patents > are a > > complete no-go. > > Speaking as community guy I would say that with the software > patents > > you > > would have to sign and publish a non-revocable community > contract that > > sais quite explicitely for which use you would accept royaltee > free > > use > > and of which patents. Only then the community would be safe. > Else, at > > some later point in time, someone at OpenMoko/FIC might change their > > mind and try to make money from the patents. > > I think there is a way to get around this legal. We're getting > some > advice from the SFLC later this week. I'll keep everyone posted as > to > our plans. > > > > > Thanks in advance for the help. > > > > My very quick advice: Don't get your hands dirty with patents, > > especially with software. > > You will loose a lot of credibility in the free software world > and the > > benefit is questionable. > > With all due respect, I must disagree here. Not filing for > patents, is > hardly an option for a global company in this day and age. The > larger we > get, the more of target we become. > > I'm confident we can reach a solution that will be helpful for > both our > business and the community. I will keep you all posted as to our > progress. > Sean > > > > > > _______________________________________________ > OpenMoko community mailing list > community@lists.openmoko.org > http://lists.openmoko.org/mailman/listinfo/community > _______________________________________________________________________________________ Ponha a sua Vida em Grande Plano! 10% DESCONTO ADICIONAL para adesoes on-line. Clique aqui para saber mais http://www.iol.pt/correio/rodape.php?dst=0801301 _______________________________________________ OpenMoko community mailing list community@lists.openmoko.org http://lists.openmoko.org/mailman/listinfo/community