Jon Radel schrieb:
Vasco Névoa wrote:
Hi. Sorry to barge in like this, but I don't quite understand the problem to
begin with...
Isn't open source code by definition protected against subsequent patents?
It is part of the patenting process to search for conflicting publications;
if they
Patenting OpenMoko, and then granting everyone perpetual, free use of the
patent is the way to go. Everyone means those who does not enforce their
patents against freedom software projects. If they do go enforce their
patent, they will likely go against OpenMoko, should they find a weak legal
Vasco Névoa wrote:
Hi. Sorry to barge in like this, but I don't quite understand the problem to
begin with...
Isn't open source code by definition protected against subsequent patents?
It is part of the patenting process to search for conflicting publications;
if they find any, then the
Vasco Névoa wrote:
Hi. Sorry to barge in like this, but I don't quite understand the problem to
begin with...
Isn't open source code by definition protected against subsequent patents?
Yes, normally patent granting offices do search for prior art, but how
thorough do they seek it?
How do you
a legally recognizable timestamp).
An open-source public repository is a valid publication of ideas, which are
therefore not patentable.
What do you think?
- Mensagem Original -
De: Sean Moss-Pultz [EMAIL PROTECTED]
Data: Terça-Feira, 12 de Fevereiro de 2008, 4:25
Assunto: Re: Patents
Would you explain? because this is very commonly believed: if you
don't defend the patent you will lose it. Just depends how this
phrase defend the patent is defined I guess...
It differs in jurisdictions, but what most people confuse it trademark
and patents. You can lose a trademark if
Nils Faerber writes:
Isn't this already a problem?
From what I know especially in the US patent system you are *forced* to
actively defend your patent, i.e. if you get to know that someone uses
your patent and is not paying you roayalties (or you get an alternative
commercial advantage like cross
From what I know especially in the US patent system you are *forced* to
actively defend your patent, i.e. if you get to know that someone uses
your patent and is not paying you roayalties (or you get an alternative
commercial advantage like cross licensing) you have to sue him. If you
do not
On Feb 11, 2008 12:20 PM, Steven Kurylo [EMAIL PROTECTED] wrote:
From what I know especially in the US patent system you are *forced* to
actively defend your patent, i.e. if you get to know that someone uses
your patent and is not paying you roayalties (or you get an alternative
commercial
Sander van Grieken schrieb:
[...]
I really hope that OpenMoko will not be covered by any patents. (but I'm
sure that there's a patent for a device allowing wireless communication
somewhere)
I totally agree with Lionel here. It will be bad PR wise and it's very
difficult to
enforce. Openmoko
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
Sean Moss-Pultz schrieb:
Dear Community,
Hello Sean,
and others...
Most of you know that OpenMoko is a fully independent company at this
point. With this great opportunity comes many challenges. Today I would
like to share one with you all and ask for some advice.
We need to file patents
So you want to patent any unique tech in the neo to prevent some scum
from patenting your ideas then taking openmoko to court?
Then just do it! Its in everyones interest not to see openmoko taken
down so I'd imagine anyone here with an ounce of sense would not have a
bad word to say about
I think that we all agree here that the patent system is completely broken.
By filling patent, even for defense only, you are playing the rule.
What I've seen so far is that small companies that cannot afford a lawyer
department simply choose to ignore the rules and just ignore completely
Esra Kummer wrote:
This sounds like a great idea. I think what you mean is that if a
competitor sues OpenMoko for allegedly infringing its patent, then
OpenMoko can counter-sue saying BTW you are infringing this one of
ours too and then it gets settled out-of-court by cross-licensing,
right?
Jonathan Spooner writes:
So you want to patent any unique tech in the neo to prevent some scum
from patenting your ideas then taking openmoko to court?
Then just do it! Its in everyones interest not to see openmoko taken
down so I'd imagine anyone here with an ounce of sense would not have a
Sean Moss-Pultz wrote:
Andres Paglayan wrote:
what about posting this exact question at groklaw?
Oh yes. That would work well...I'll make a post later today.
Looks like they already picked this up...
[PJ: Yes. Contact Open Invention Network and Software Freedom Law
Center. Every patent
Andres Paglayan wrote:
what about posting this exact question at groklaw?
Oh yes. That would work well...I'll make a post later today.
Sean
On Feb 7, 2008, at 1:00 PM, Sean Moss-Pultz wrote:
Dear Community,
Most of you know that OpenMoko is a fully independent company at this
Am Fr 8. Februar 2008 schrieb Sean Moss-Pultz:
of the case CAD files is not software (per say). In the future you will
see a lot more. We don't believe software is only place people need
openness.
So does this mean we will eventually see the circuit diagrams (and even PCB
layouts??), so we
Sean Moss-Pultz wrote:
What I want is for a our company's patents to be freely available, for
anyone, but for defensive purposes only.
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
On Feb 7, 2008 1:00 PM, Sean Moss-Pultz [EMAIL PROTECTED] wrote:
What I want is for a our company's patents to be freely available, for
anyone, but for defensive purposes only.
This sounds like a great idea. I think what you mean is that if a
competitor sues OpenMoko for allegedly infringing
what about posting this exact question at groklaw?
On Feb 7, 2008, at 1:00 PM, Sean Moss-Pultz wrote:
Dear Community,
Most of you know that OpenMoko is a fully independent company at
this point. With this great opportunity comes many challenges.
Today I would like to share one with you
I'd get in touch with the Linux Foundation/Software Freedom Law Center
and discuss their patent commons with them. Write me off-list, Sean,
and I can get you in touch with the right folks, I think...
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Sean
http://www.patent-commons.org/ is the one that I'm aware of ...
This is what I was referring to...
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community@lists.openmoko.org
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This sounds like a great idea. I think what you mean is that if a
competitor sues OpenMoko for allegedly infringing its patent, then
OpenMoko can counter-sue saying BTW you are infringing this one of
ours too and then it gets settled out-of-court by cross-licensing,
right?
Well I am not too
I think that we all agree here that the patent system is completely broken.
By filling patent, even for defense only, you are playing the rule.
What I've seen so far is that small companies that cannot afford a lawyer
department simply choose to ignore the rules and just ignore completely the
On Feb 7, 2008 3:35 PM, Steven Milburn [EMAIL PROTECTED] wrote:
As a first step, get anything you think is patent worthy documented and
dated. In the US, a common practice is to write up your concept and mail it
to yourself in a sealed envelope. You don't open the envelope until you
Or get
Forgot to add this link. This will outline the American procedure for patenting.
http://www.inventionpatent.net/patent/process.cfm
Steven Milburn [EMAIL PROTECTED] 02/07/08 5:35 PM
As a first step, get anything you think is patent worthy documented and
dated. In the US, a common practice is
On Thu, 2008-02-07 at 17:35 -0500, Steven Milburn wrote:
As a first step, get anything you think is patent worthy documented
and dated. In the US, a common practice is to write up your concept
and mail it to yourself in a sealed envelope. You don't open the
envelope until you need to and you
On Feb 7, 2008 4:45 PM, Arthur Britto [EMAIL PROTECTED] wrote:
What prevents you from mailing yourself an unsealed envelope?
Why would you want to do that? The point is to get a reliable date
stamp associated with the material inside the envelope. And as the
other link pointed out, it doesn't
Sean Moss-Pultz wrote:
What I want is for a our company's patents to be freely available, for
anyone, but for defensive purposes only.
Aside from patent-commons, which is just a way to allow mutual defense
for fellow FOSS projects (assuming I understood this correctly), what I
know of is to
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