Re: [Bitcoin-development] patents...

2014-05-20 Thread Jeff Garzik
On Mon, May 19, 2014 at 10:47 AM, Adam Back a...@cypherspace.org wrote:
 hmm Yes and this topic now is more than a bit non dev related.  Sorry about
 that.  There seems to be no convenient mailing list format for non-dev stuff
 or I would Cc and set Reply-To for example?  (Web forums somewhat suck IMO).

There is the little-used bitcoin-list on SourceForge that claims a
rubric of general discussion:
https://sourceforge.net/p/bitcoin/mailman/?source=navbar

I just subscribed there.

We can reboot that list with a couple new rules such as
a) be good to each other.  consistent rude behavior gets the boot.
b) anything related to decentralization, consensus, proven data
structures or crypto is on-topic

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BitPay, Inc.  https://bitpay.com/

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Re: [Bitcoin-development] patents...

2014-05-19 Thread Mike Hearn
IMO this list is fine for discussing such topics.

Here are some thoughts. I had to deal with patents at Google (my name is on
a few, not my choice unfortunately). Many aspects of patent law are deeply
unintuitive, so here's the crash course as I was given it.



The first rule of patents is *you do not go looking for patents*. US law is
written in a really stupid way, such that if you knowingly infringe,
damages triple. Because America uses the patent office as a revenue source,
basically everything you can possibly imagine is covered by some ridiculous
patent so if you go looking you will always find applicable patents on
every idea and then you end up potentially much worse off.

Most companies (Google certainly included) have therefore banned their
staff from reading patents, thus ensuring that the whole point of them, the
sharing of knowledge, doesn't actually function! And it's much better I
think if we follow the same policy. So *please do not ever mention that
suchandsuch is patented on this list*! When it comes to patent law,
ignorance is bliss. Patents are written in a heavily obfuscated manner such
that actually trying to learn from them is hard work anyway.


One reason I wrote up the contracts stuff when I did is to get it out there
into the public domain, so people couldn't patent the basics of the Bitcoin
protocol. It'll be much better for everyone if new ideas are just put right
out into the public domain. *Please do not patent Bitcoin related research
you do*, even if you think it's for the best:

1) Defensive patenting doesn't work. The whole idea was mutually assured
destruction, you hit me I'll hit you type of logic, but the prevalence of
shell/troll companies killed off that idea. Plus it turns out that big
companies are quite willing to sue each other into oblivion anyway. Once a
patent exists, it'll be used as a weapon by someone eventually, and
attempting to fight back is probably not a workable strategy. Far better
to ensure the material is simply unpatentable by anyone.

2) Patenting with the intention to sue people using Bitcoin in the same
way: well, if you plan to do this, there's not much to talk about  you
won't make any friends this way.
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Re: [Bitcoin-development] patents...

2014-05-19 Thread Peter Todd
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Hash: SHA256



On 19 May 2014 17:09:07 CEST, Mike Hearn m...@plan99.net wrote:

The first rule of patents is *you do not go looking for patents*. US
law is
written in a really stupid way, such that if you knowingly infringe,
damages triple. Because America uses the patent office as a revenue
source,
basically everything you can possibly imagine is covered by some
ridiculous
patent so if you go looking you will always find applicable patents on
every idea and then you end up potentially much worse off.

Most companies (Google certainly included) have therefore banned their
staff from reading patents, thus ensuring that the whole point of them,
the
sharing of knowledge, doesn't actually function! And it's much better I
think if we follow the same policy. So *please do not ever mention that
suchandsuch is patented on this list*! When it comes to patent law,
ignorance is bliss. Patents are written in a heavily obfuscated manner
such
that actually trying to learn from them is hard work anyway.

Meh. The world is much bigger than the USA. Secondly that rule makes it 
difficult to educate people about why patents are as bad as they are.

Feel free to continue censoring your own discussion within closed corporate 
environments. But to say keeping patent discussion off mailing lists is 
appropriate or wise when the tech news is full of such discussion is silly.
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Re: [Bitcoin-development] patents...

2014-05-19 Thread Mike Hearn

 Meh. The world is much bigger than the USA. Secondly that rule makes it
 difficult to educate people about why patents are as bad as they are.


You can easily find examples that are not relevant to Bitcoin if you want
to discuss the patent system in general.


 Feel free to continue censoring your own discussion within closed
 corporate environments. But to say keeping patent discussion off mailing
 lists is appropriate or wise when the tech news is full of such discussion
 is silly.


It is both appropriate and wise. Please keep discussion of Bitcoin-relevant
patents elsewhere.
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Re: [Bitcoin-development] patents...

2014-05-19 Thread Gregory Maxwell
On Mon, May 19, 2014 at 8:09 AM, Mike Hearn m...@plan99.net wrote:
 The first rule of patents is you do not go looking for patents. US law is
 written in a really stupid way, such that if you knowingly infringe, damages
 triple. Because America uses the patent office as a revenue source,

You have received outdated advice on this point. In Re Seagate
(http://patentlyo.com/patent/2007/08/in-re-seagate-t.html) this
precident was over-turned (and has subsequently been upheld in other
cases). Avoiding willfull infringement no longer requires paying off a
patent attorney to get a freedom to operate review.  This isn't to say
that reading patents is always productive now:  They're often nearly
inscrutable (especially to people without substantial patent reading
experience), and you may discover potential infringement that creates
more work for you to sort out (especially since people without patent
experience tend to read patents much more broadly than they actually
are).

There are other defensive approaches which are interesting than hoping
to use patents as a counter attack: For one— filing a patent gets the
work entered in the only database that USPTO examiners are
_guaranteed_ to consult when doing a prior art search, so it may have
a fighting chance of precluding someone else patenting the same
material later (they may also search the internet and use other
resources, but they're guaranteed to consult the existing patents and
applications). Patents can also be used defensively as leverage in a
licensing negotiation: Without your own patents you don't get invited
to the negotiating table at all with someone else who may hold patents
in a space that you're working on.  These are somewhat thin advantages
so great care is required to make sure that things are setup so that
badness cannot happen later when inevitable changes of ownership
happen.

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Re: [Bitcoin-development] patents...

2014-05-19 Thread Peter Todd
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On 19 May 2014 20:43:15 CEST, Gregory Maxwell gmaxw...@gmail.com wrote:

There are other defensive approaches which are interesting than hoping
to use patents as a counter attack: For one— filing a patent gets the
work entered in the only database that USPTO examiners are
_guaranteed_ to consult when doing a prior art search, so it may have
a fighting chance of precluding someone else patenting the same
material later (they may also search the internet and use other
resources, but they're guaranteed to consult the existing patents and
applications).

Interesting. Is that to say a viable strategy would be to apply for patents and 
let the application lapse?
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Re: [Bitcoin-development] patents...

2014-05-19 Thread Mike Hearn

 Avoiding willfull infringement no longer requires paying off a
 patent attorney to get a freedom to operate review.  This isn't to say
 that reading patents is always productive


That case raised the bar a bit, but the core problem remains - if you learn
about a patent you definitely violate (and there is very likely to be at
least one and possibly many), via whatever means, then by continuing
business you become a wilful violator. Which makes sense: how could it be
any other way?

It still never makes sense to read patents. You can only lose.
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Re: [Bitcoin-development] patents...

2014-05-19 Thread Bernd Jendrissek
On Mon, May 19, 2014 at 5:09 PM, Mike Hearn m...@plan99.net wrote:
 Most companies (Google certainly included) have therefore banned their staff
 from reading patents,

Bitcoin is not Google though, and applying the same patent protocols
to Bitcoin as in Google is drawing a false equivalence between the
two. Google can survive single or triple damages, so it makes sense to
hope that of those patents you necessarily violate due to the size of
your operations, they attract only single damages. Google has so many
fingers in so many pies that violating some patents is a question of
when, not if. Bitcoin has a far narrower scope than trying to take
over the world (and moon).

Happy reading: http://endsoftpatents.org/2010/03/transcript-tridgell-patents/

TL;DR: If even single damages result in commercial death, you better
pay attention to patents, to reduce the chances of accidentally
running into one.

(But Bitcoin is not ccache either - it's all about money and it isn't
inconceivable that a patent infringement suit might not result in
commercial death. The right answer here isn't as obvious as you make
it out to be.)

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