Subject: [bitcoin-dev] DPL is not only not enough, but brings unfounded confidence to Bitcoin users

From: Sergio Demian Lerner <[email-masked]>
Date: Fri, 14 Oct 2016 07:38:07 -0300

I read the DPL v1.1 and I find it dangerous for Bitcoin users. Current
users may be confident they are protected but in fact they are not, as the
future generations of users can be attacked, making Bitcoin technology
fully proprietary and less valuable.

If you read the DPL v1.1 you will see that companies that join DPL can
enforce their patents against anyone who has chosen not to join the DPL.
(http://defensivepatentlicense.org/content/defensive-patent-license)

So basically most users of Bitcoin could be currently under threat of being
sued by Bitcoin companies and individuals that joined DPL in the same way
they might be under threat by the remaining companies. And even if they
joined DPL, they may be asked to pay royalties for the use of the
inventions prior joining DPL.

DPL changes nothing for most individuals that cannot and will not hire
patent attorneys to advise them on what the DPL benefits are and what
rights they are resigning. Remember that patten attorneys fees may be
prohibitive for individuals in under-developed countries.

Also DPL is revocable by the signers (with only a 180-day notice), so if
Bitcoin Core ends up using ANY DPL covered patent, the company owning the
patent can later force all new Bitcoin users to pay royalties.

Because Bitcoin user base grows all the time with new individuals, the sole
existence of DPL licensed patents in Bitcoin represents a danger to Bitcoin
future almost the same as the existence of non-DPL license patents.

If you're publishing all your ideas and code (public disclosure), you
cannot later go and file a patent in most of the world except the US, where
you have a 1 year grace period. So we need to do something specific to
prevent the publishers filing a US patent.
What we need much more than DPL, we need that every BIP and proposal to the
Bitcoin mailing list contains a note that grants all Bitcoin users a
worldwide, royalty-free, no-charge, non-exclusive, irrevocable license for
the content of the e-mail or BIP.

I'm not a lawyer and this is not an advise of any kind. Please check
yourself the DPL v1.1 and get your own idea. I'm speaking on behalf of
myself, and not any company.
(http://defensivepatentlicense.org/content/defensive-patent-license)

Best regards,
 Sergio.