Nils,

Thanks a lot for such an indepth reply. I need to think about a lot of these points. Let me just comment on a few now...

On 2/11/08 Nils Faerber wrote:

[snip]

> Are there any existing options available to us now? Does anyone know of > > existing companies or organizations with a similar strategy that we can
> > seek guidance or partnership.
> > > > Again, I want to emphasize that we only want our patents to be used in > > defense. And what constitutes defense is something that we want to be > > able to define (and potentially even redefine when new threats arise).

This is a noble aim but very very difficult to reach.

Perhaps. But I think we should try our best...

Speaking as a free software acitvist especially software patents are a
complete no-go.
Speaking as community guy I would say that with the software patents you
would have to sign and publish a non-revocable community contract that
sais quite explicitely for which use you would accept royaltee free use
and of which patents. Only then the community would be safe. Else, at
some later point in time, someone at OpenMoko/FIC might change their
mind and try to make money from the patents.

I think there is a way to get around this legal. We're getting some advice from the SFLC later this week. I'll keep everyone posted as to our plans.

> > Thanks in advance for the help.

My very quick advice: Don't get your hands dirty with patents,
especially with software.
You will loose a lot of credibility in the free software world and the
benefit is questionable.

With all due respect, I must disagree here. Not filing for patents, is hardly an option for a global company in this day and age. The larger we get, the more of target we become.

I'm confident we can reach a solution that will be helpful for both our business and the community. I will keep you all posted as to our progress.

Sean





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