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
I'm heading to Phoenix Comics Fest tomorrow (going straight to the airport from my daughter's elementary school graduation) (!), and I've got a busy schedule so I thought I'd produce a comprehensive list of the places you can find me in Phoenix:
Every three years, the US Copyright Office asks America about the problems with Section 1201 of the DMCA, which bans breaking DRM even for legal reasons, and America gets to answer with requests for exemptions to this rule.
Today marks the release of the paperback of Walkaway, along with reissues of my five other adult novels, all in matching covers designed by the incredible Will Stahle (and if ebooks are your thing, check out my fair-trade ebook store, where you can get all my audiobooks and ebooks sold on the same terms as […]
Handheld radios might seem a bit archaic, but in an emergency situation, few things will keep you as reliably connected to the outside world. This Emergency Multi-Function Radio & Flashlight takes the utility of the tried-and-true radio and combines it with a powerful flashlight and self-sufficient energy system. It’s available in the Boing Boing Store for […]
Few programming languages boast the versatility and user-friendliness of Python, which is why it’s the first language of choice for many aspiring programmers. Regardless of your experience level, you can take the first step to becoming Python-savvy with the Python 3 Bootcamp Bundle, available in the Boing Boing Store for $35 this week. Featuring more than […]
We live during a time where cyberattacks regularly make news headlines, so it should come as no surprise that cybersecurity professionals are experiencing a surge in demand at even the entry level, making now the ideal time to learn the tools of the trade if you’re considering a career switch. The 2018 Supercharged Cybersecurity Bundle offers […]