| --- Log opened Thu Sep 08 00:00:00 2011 | ||
| kanzure | boop | 02:34 |
|---|---|---|
| kanzure | joseph finally got his video re: open science summit up.. | 02:39 |
| kanzure | http://www.youtube.com/watch?v=HMxYymZ8Zqo | 02:39 |
| kanzure | "why do open hardware?" http://www.youtube.com/watch?v=oZ0OPT5s9aQ | 02:40 |
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| kanzure | ^all of that is boring | 15:01 |
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| QuantumG | I think I'm gunna be sad, I think it's today... yeah. | 15:48 |
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| kanzure | this is an interesting take on non-assert agreements | 18:02 |
| kanzure | http://fosspatents.blogspot.com/2010/05/dpl-and-fair-troll-business-model-make.html | 18:02 |
| kanzure | i posted it to openmanufacturing.. basically the idea is to acquire patents and then sublicense them via a 'defensive patent license' (defensive-use-only) meanwhile suing everyone not in the DPL pool like a crazy troll | 18:03 |
| kanzure | there'd have to be a legal mechanism to keep the 'fair troll' honest | 18:06 |
| kanzure | if the dpl troll owns all of the patents then it could theoretically cross-license the patents under non-DPL terms | 18:07 |
| kanzure | if only there was a way to permanently destroy a patent's teeth | 18:07 |
| kanzure | maybe this: the original owner of the patent can give ownership to dpl troll but at any time the owner can pay $1 to put the patent into the public domain | 18:12 |
| kanzure | *the original owner can pay $1 | 18:12 |
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| kanzure | huh, a patent can be invalidated if the list of inventors is shown to be wrong | 21:01 |
| QuantumG | heh | 21:02 |
| kanzure | QuantumG: i'm trying to figure out if you can somehow cause a patent to undergo early termination | 21:02 |
| kanzure | (if you own the patent) | 21:02 |
| QuantumG | disclaim all rights to it | 21:02 |
| QuantumG | there's a technical term for "I promise not to sue" | 21:03 |
| kanzure | wait.. | 21:03 |
| kanzure | no that's no the same thing | 21:04 |
| kanzure | but i just found this: | 21:04 |
| kanzure | "In like manner any patentee may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted" | 21:04 |
| kanzure | http://www.uspto.gov/web/offices/pac/mpep/documents/1400_1490.htm | 21:04 |
| kanzure | "37 CFR 1.321(a) also provides for the filing by an applicant or patentee of a terminal disclaimer which disclaims or dedicates to the public the entire term or any portion of the term of a patent or patent to be granted." | 21:05 |
| kanzure | wonder if that can be retroactively assigned | 21:05 |
| QuantumG | heh, to stop yourself from current action? | 21:07 |
| kanzure | http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_321.htm#cfr37s1.321 | 21:07 |
| kanzure | did you read the stuff above about a defensive patent license and a 'fair troll' company? | 21:07 |
| kanzure | i was concerned that a 'fair troll' might turn evil; if it owns 50k patents it doesn't have to abide by the defensive patent license (only the people it sublicenses to) | 21:08 |
| QuantumG | if it owns the patents, you can't revoke them | 21:08 |
| QuantumG | (kinda implicit in the term "own") | 21:09 |
| kanzure | but say that an inventor assigns the patent to the 'fair troll'.. with the provision that, for $1, the inventor can nullify the patent.. this way, the original inventor can keep the 'fair troll' in check | 21:09 |
| kanzure | if the 'fair troll' becomes evil then the inventors can self-destruct the patents | 21:09 |
| kanzure | a 'defensive patent license'-licensed patent is useful but it's not that far removed from a patent in the public domain | 21:09 |
| QuantumG | that would just be a contract between the investor and the troll, yes. | 21:09 |
| kanzure | yeah | 21:10 |
| QuantumG | s/investor/inventor/ | 21:10 |
| kanzure | right | 21:10 |
| QuantumG | I imagine it might work, but contracts have a habit of having loopholes | 21:10 |
| kanzure | well.. it's a very minor point in the overall scheme i think; the main idea is to make sure the 'fair troll doesn't turn evil ;) | 21:11 |
| kanzure | maybe by making the 'fair troll' a co-op | 21:11 |
| QuantumG | I remember there actually is a law against authorizing someone else to attack using your patent.. the $1 thing might be considered you effectively still owning the patent. | 21:11 |
| kanzure | well, the original owner can't assing the patent to fairtroll via DPL because then the original owner can be a wildcard | 21:12 |
| kanzure | and if you have 50,000 different original owners.. that's too many wildcards for a fairtroll to consider | 21:12 |
| kanzure | *assign | 21:12 |
| kanzure | it has to be an ownership transfer, i think | 21:12 |
| kanzure | the article i linked to suggests that 'multiple fair trolls would keep each other in line.. and thus they won't deviate and become evil' but that does not sound reliabel to me | 21:16 |
| kanzure | *reliable | 21:16 |
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| fenn | nerp | 21:32 |
| fenn | you're wasting your attention on an imaginary problem | 21:33 |
| fenn | a meta-imaginary problem at that | 21:33 |
| fenn | anything interesting the last 3 weeks? | 21:34 |
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| kanzure | fenn: went to japan, malaysia and vietnam | 21:42 |
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| --- Log closed Fri Sep 09 00:00:02 2011 | ||
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