Archive of UserLand's first discussion group, started October 5, 1998.

Re: abolishing patents? (got IP game?)

Author:Jim Lyon
Posted:9/22/2000; 10:56:30 AM
Topic:got IP game?
Msg #:21641 (In response to 21633)
Prev/Next:21640 / 21642

David McCusker: I'm a software patent abolitionist.

I too would like to see that world. However, I'm also a pragmatist, and don't believe it will really happen. I do, however, have some suggestions about how to achieve the moral equivalent of that world, without needing to convince the politicians to do it:

  1. As long as it's easy to get obvious software patents, let's get lots and lots of them. Donate ownership of the patent so some a new charitable organization.
  2. Over time, it becomes impossible for anyone to write any significant piece of software without using techniques covered by at least one of these patents.
  3. The charitable organization issues a general license to anyone to use these patents, provided that they are not prosecuting a patent infringement suit against someone who didn't sue them first.
  4. The organization delegates its rights to enforce its patents to any organization that is being sued for patent infringement (unless they sued someone else first).
Now suppose that Boris Badguy patents something else, then sues Gertrude Goody for patent infringement. This act terminates Badguy's right to use any of the organization's patents, and gives Goody the right to countersue Badguy for infringing them. If the organization's patent pool is sufficiently pervasive, Badguy will know ahead of time that it's a losing proposition to try to enforce his patent.

The net result? Patents still exist in the legal sense, but they've been rendered moot in the practical sense.

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