Re: code server patent

[Mark Mielke <mark mark mielke cc>]

On Thu, Sep 11, 2003 at 02:08:41AM -0400, Chris Pickett wrote:
> 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 
> ...

If you don't defend your patent now, against Sun and Microsoft, and any
*many* others, it is already gone.

Is this incorrect? You are asking the open source community to negotiate
for the use of your supposedly unique technology in terms of money, or
for the open source community to build a business case to explain why you
should grant use of the technology for free to the open source community.

Somebody else offered you the benefit of the doubt by suggesting that if
you wish to donate your patent to the free software community, to contact
the FSF. Currently, though, I believe the last paragraph is more accurate
than this one, which doesn't anger me as much as cause me to become
defensive.

What is in it for us? What do we gain by negotiating for the use of your
technology? Why should we give you the time of day, let alone pay for its
use? How does *paying* for the use of a technology, in the open source
community, benefit the open source community in the future?

If you want to give it away to the FSF as a good-will guesture, the FSF are
the people to talk to. If not, you are trying to walk a fine line by acting
friendly to the open source community, but having the same aspirations as
any non-open source community, primarily that of exploiting an idea to its
maximum profit, even if the idea isn't terribly unique.

mark

-- 
mark@mielke.cc/markm@ncf.ca/markm@nortelnetworks.com __________________________
.  .  _  ._  . .   .__    .  . ._. .__ .   . . .__  | Neighbourhood Coder
|\/| |_| |_| |/    |_     |\/|  |  |_  |   |/  |_   | 
|  | | | | \ | \   |__ .  |  | .|. |__ |__ | \ |__  | Ottawa, Ontario, Canada

  One ring to rule them all, one ring to find them, one ring to bring them all
                       and in the darkness bind them...

                           http://mark.mielke.cc/