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
Tonight at 7PM, I'll be appearing on a panel at the Last Bookstore in downtown LA, with the title "Truth to Power: Genre Fiction in Post-Fact America," alongside of Gretchen McNeil, Jennifer Brody, Christina Cigala, Bobby Goldstein, CB Lee, Michael Paul Gonzalez, Kate Maruyama and Samuel Sattin.
Unicode pioneer Michael Suignard has submitted a "Revised draft for the encoding of an extended Egyptian Hieroglyphs repertoire" in Unicode, trying to replicate the expressivity of the 7,000 hieroglyphs used in Greco/Roman times.
Flickr exists, in part, because I needed a photo-sharing tool to help me woo my long-distance girlfriend, who later became my wife, and whom I've been with now for 15 years -- so I have watched the service's long decline and neglect at the hands of Yahoo, and then its sale to the loathsome telco […]
Our world is a colorful one, and when it comes time to repaint the house or create a new design, many of us look to our surroundings for inspiration. However, matching colors from the outside world to our canvas isn’t the most precise process when we’re just eyeballing it. The Nix Pro Color Sensor removes the […]
You probably remember the Twisty Glass Blunt since we love to write about it. And you may also remember its little buddy, the Twisty Glass Mini. Well, today we’ve got a fun surprise that isn’t so little. Less isn’t always more, and on those days when you need to decompress with a good smoke, the Twisty XL […]
Another year, another iteration of Samsung’s Galaxy smartphone—except this time around Samsung sought to redefine what a smartphone can do completely. Boasting a 6.2″ Quad HD+ Super AMOLED (2960×1440) infinity display, and an elite 10nm 64-bit Octa-Core Processor with 6GB RAM, the S9+ is an absolute powerhouse with a price tag to match. However, you […]