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Authored by: Anonymous on Sunday, May 20 2012 @ 12:03 PM EDT |
i think you are up to something.
the challenging entity must also be like a troll, with nothing to lose. attract
indirect funding from competitors, and give trolls a taste of their own
medicine.make holding software patents the singe most resource consuming thing
ever. [ Reply to This | Parent | # ]
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Authored by: Anonymous on Sunday, May 20 2012 @ 01:43 PM EDT |
In reading the OP, my impression was that a set of guidelines/best
practices
on how, and where to do this type of research was being requested.
Something
that groklaw readerrs could apply to other cases/scenarios, in
which
copyright, patent, and other ip trolls attempt to collect the danegeld. [ Reply to This | Parent | # ]
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Authored by: sproggit on Sunday, May 20 2012 @ 02:46 PM EDT |
Gringo, I think you've misunderstood where I was trying to take this.
I'm not contemplating asking either Mark or PJ to take on this activity over and
above all the tremendous effort they already invest in the FOSS community. I am
quite sure that our fellow Groklawrians are quite capable of organising
themselves into the relevant tasks.
However, I don't believe that we're experienced enough to know how to set this
up as a reliable, repeatable piece of work. My thinking was that we need to be
in a position where Mark or PJ can say, "OK Team... We need
<target>some prior art that covers these key points</target>."
We also need a way of collecting and collating identified, potential prior art
into a library (for example, perhaps a wiki), and a repeatable method by which
any contributed code goes through at least a 2-stage vetting process. Firstly,
it needs to go through a technical vet to ensure that it correctly reproduces
the claimed invention. Secondly, it needs to go through some form of
"legal" review to ensure that, as presented, it would meet the
appropriate standard of evidence to be acceptable to a Court.
My proposal was that we need someone with the relevant legal background to
define bits of this; and people with the relevant technical background to help
ensure that we have a robust process.
I'm quite happy, by the way, to "host" this via the FSF, or any other
appropriate forum. I'm not suggesting that this must or even should be something
that Groklaw owns or hosts. However, I do believe that of all the corners of the
FOSSnet, this is the place where technologists and lawyers meet in the most
productive ways I've seen.
Ultimately, this was a 2-second-old idea posted as a suggestion for this
community to consider and accept or reject as "group wisdom" sees
fit.
Personally, I certainly don't have the legal skills, and may [or may not]
possess relevant technical skills in a few areas. However, I can use search
engines and I can contribute to a wiki. What's important is that such
contributions are coordinated and managed in order for them to be effective.
If either Mark or PJ would be willing to help set out that framework, then I'd
be happy to contribute. If not, if the FSF is the right forum, then let's do it.
The critical point to make here is that today we're not very well organised when
it comes to seeking, finding and "processing" prior art. I was just
trying to come up with something constructive to offer this community, rather
than either be critical, or ignore the issue because I see the problem but don't
have a polished solution.
Feel free to edit, hack, reject, enhance or accept as you see fit.
Personally, when asked for feedback on something, I like to reply only with
proposals for enhancements, as you did [suggesting the FSF as the right forum].
If that's the way to go, then let's do it. If others have ideas, let's hear
them.
I guess the key thing is to determine whether or not we can make an improvement,
and then whether or not we want to. [ Reply to This | Parent | # ]
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- Misunderstood - Authored by: Anonymous on Sunday, May 20 2012 @ 04:43 PM EDT
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Authored by: Anonymous on Monday, May 21 2012 @ 08:49 AM EDT |
Congress may pass a law making patent-bashing illegal if
their friends and contributers start getting picked on.
M$ seems to be the US Government's favorite and seems to
be able to do no wrong. That said, I think M$ should be the
first "customer".
[ Reply to This | Parent | # ]
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