Re: code server patent

[seth vidal <skvidal phy duke edu>]

On Thu, 2003-09-11 at 02:08, Chris Pickett wrote:
> Mark Mielke wrote:
> > On Wed, Sep 10, 2003 at 08:23:05PM -0400, Chris Pickett wrote:
> >   
> > > It was filed for in 1991.  At the time there was no prior art as far as 
> > > he could tell (certainly the U.S. patent office has been known to make 
> > > mistakes though).  My dad talked to Sun about it in the summer of 1992, 
> > > and claims that this had an effect on Java as we know it today. 
> > >     
> > Perhaps this will be a more direct question:
> > 
> > Why would an open source community, and open source products, *choose*
> > to make use of a technology protected by a patent, where the apparent
> > patent holder has made it clear that their first intention is *not* to
> > allow the technology to be used for free?
> > 
> > As for Java, I suspect that what is being referred to may include the
> > ability for a Java source file to demand load classes from a jar file
> > that is downloaded during execution, and loaded during execution.
> > 
> > Other products perform similar tasks. Why should we do your homework
> > for you? If you want to find somebody to sell the use of your patented
> > technology too, do your own research. I won't help you. I believe you
> > are trying to capitalize on the fact that your dad managed to slip a
> > patent through the patent office, and that in this regard, you remind
> > me of the executives at SCO. Why do you deserve money for something so
> > obvious or basic? It is *your* task to prove this. Not ours. You can't
> > sit back and say 'I don't want to offer more details.' Since you, or your
> > dad apparently owns the patent, it is up to you, or your dad, to defend it.
> > 
> > If you don't defend it, you've already lost it.
> Look, I know this Mark.  Obviously you (the open source community --
> and it's more like "we") aren't interested in helping some patent
> holders make money just to get nothing out of it!  Why should you
> be???  It's pretty clear that Sun and Microsoft *are* infringing upon
> the patent.  It's hazy as to whether or not there is prior art, this
> wasn't the most basic thing in 1991.  What I was wondering was if
> there would be any reason to give this patent away (read my original
> email). 

Hi Chris,
 IF you're interested in donating a patent to the freesoftware movement
I would recommend contacting the free software foundation (fsf.org).
They will have some people who can assess the value of the patent and
directly benefit all of us if they have control over the patent.

Thanks,
-sv