You're the first person I've seen in the Linux world who actually 
has some insight into the way this really works.  Not to say that
what you've said is all there is too it.  It's not a simple
as that, but there is certainly this aspect to it, and it's
possibly the dominant one.

  Frank La Monica wrote an essay about companies and IP once.
Lots of open source folks like to quote it, but the fact is that
Frank had no idea what he was talking about.  It was mostly
wishful thinking passed off as fact.  He missed entirely the
issue you illuminated.  Additionally, I can tell you that graphics
hardware companies are VERY INTERESTED in what the other graphics
hardware companies are doing.  There are legitimate IP concerns.
This is often difficult for some open source developers to understand
because they've never actually been exposed to much, if any,
real software IP.  The open source 3D drivers, for instance, are
pretty much just dumb OpenGL state machines.


                        Mark.


On Fri, 18 Jul 2003, Tim Roberts wrote:

> Unfortunately, "interesting" and "meaningful" are NOT among the criteria used 
> by the US Patent and Trademark Office in awarding patents.  The fact is most 
> chip companies DO hold patents on some peculiar aspect of their chips, and 
> they have to pretend to protect them in order to maintain their usefulness.
> 
> Most people don't realize how much the patent business has turned from being 
> an invention protector into one big Pokemon game.  Company A decides to 
> attack Company B.  They lay down three of their patents in the Pokemon arena 
> and say, "AHA!, you violate these patents, please pay me a million a year or 
> I'll sue."
> 
> Company B goes back to their Pokedex, chooses three likely candidates from 
> THEIR patent portfolio, and responsd "AHA!, you are violating OUR patents!  
> Sign this cross-licensing agreement or my Charizard's flame thrower attack 
> will turn you to ashes."
> 
> The two companies sign the agreement in order to avoid the court system, put 
> their patents back into their Pokeballs, and life goes on.  They have to have 
> patents in order to make their Pokemon card deck strong enough to survive 
> battles like that.
> 
> Of course, this is all anathema to the open source and free software 
> movements.
> 
> This e-mail also demonstrates that my children have spent WAY too much time 
> with Pokemon.
> 
> --
> - Tim Roberts, [EMAIL PROTECTED]
>   Providenza & Boekelheide, Inc.
> 
> 
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