Ars Technica's Jon Brodkin has an in-depth look at the "Defensive Patent License," a kind of judo for the patent system created by my former EFF colleague Jason Schultz (who started EFF's Patent Busting Project) and my former USC colleague Jen Urban (who co-created the ChillingEffects clearinghouse). As you'd expect from two such killer legal freedom fighters, the DPL is audacious, exciting, and wicked cool. It's a license pool that companies opt into, and members of the pool pledge not to sue one another for infringement. If you're ever being sued for patent infringement, you can get an automatic license to a conflicting patent just by throwing your patents into the pool. The more patent trolls threaten people, the more incentive there is to join the league of Internet patent freedom fighters.
“The idea is if you want to be part of this network of defensive patent people, you are committing that all of your patents, every single thing you’ve done, will be available royalty-free to anyone who wants to take a license, if they commit to only practice defensive patent licensing,” Schultz said today in Boston at the Usenix conference on cyberlaw issues. “As long as they don’t offensively sue anyone else in that network, everything’s cool.”
The commitment is both daunting in that it requires submitting all of a member company’s patents to the pool, and forgiving in that members can still sue the pants off non-members. Schultz said his team thought long and hard about the exact implementation of the Defensive Patent License.
The “all-in” provision was put in place to prevent companies from joining the network while only providing their lamest patents. The ability of DPL members to sue non-members, meanwhile, preserves the right to monetize inventions. It also keeps members on a level playing field with non-members.
“Defensive Patent License” created to protect innovators from trolls
My UK publisher, Head of Zeus, has published the official tour schedule for the British tour for Walkaway, with stops in Oxford (with Tim Harford), London (with Laurie Penny), Liverpool (with Chris Pak), Birmingham, and the Hay Literary Festival (with Dr Adam Rutherford). Hope to see you there!
My publicist just found an extra box of the cool promotional Walkaway multitools, and she’s generously offered to give them to the next 100 people to reserve tickets to the May 7th Walkaway event at Chicago’s Royal George Theater, where I’m presenting with CARDS AGAINST HUMANITY creator Max Temkin (current ticket-holders, don’t worry, you get […]
Carol from Cheapass Games writes, “In our continuing quest to bring back the very best classic Cheapass Games, we’re creating a new boxed set of Button Men, our strategy dice combat game. This time around, the characters will appear on cards, rather than pin-back buttons, but since they’re all 1950s era gangsters, the ‘button men’ […]
If you want to work in tech, but don’t have any desire to code web apps to help businesses sell things to other business, you might want to consider a career in cybersecurity. Judging from the apparent complete infiltration of Russian hackers in American cyberspace, it seems fair to speculate that there’s a major shortage of […]
All moms are different. But all moms like getting flowers on Mother’s Day, and that’s a fact (not, however a fact we can document in any fashion.) Instead of getting chewed out for forgetting to call her on the second Sunday of May, you can take care of it ahead of time with Teleflora’s flower […]
Yeah, Bluetooth audio is pretty common these days, so why should you care about these earbuds? Look how happy that woman up above looks. She’s got FRESHeBUDS in. Boom. There’s your reason. She’s also at the beach and it appears to be a very nice day.But for the sake of promotion, wireless earbuds are fast becoming the […]