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	<title>Comments on: The Patent Trolls and McKool Smith Show Why OOXML and Software Patents Should be Shunned</title>
	<atom:link href="http://techrights.org/2009/08/12/mckool-smith-i4i-vs-msft/feed/" rel="self" type="application/rss+xml" />
	<link>http://techrights.org/2009/08/12/mckool-smith-i4i-vs-msft/</link>
	<description>Free Software Sentry – watching and reporting maneuvers of those threatened by software freedom</description>
	<lastBuildDate>Tue, 07 Feb 2012 14:00:35 +0000</lastBuildDate>
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		<title>By: Roy Schestowitz</title>
		<link>http://techrights.org/2009/08/12/mckool-smith-i4i-vs-msft/comment-page-1/#comment-72069</link>
		<dc:creator>Roy Schestowitz</dc:creator>
		<pubDate>Wed, 12 Aug 2009 15:01:51 +0000</pubDate>
		<guid isPermaLink="false">http://boycottnovell.com/?p=16533#comment-72069</guid>
		<description>&lt;blockquote&gt;
How about a project to dissect Microsoft patents with the intent to patent as many interesting extensions of their “inventions”?
&lt;/blockquote&gt;

There&#039;s &lt;a href=&quot;http://lxer.com/module/db/viewby.php?dbn=13&amp;uid=115&quot; rel=&quot;nofollow&quot;&gt;something similar&lt;/a&gt;.

&lt;blockquote&gt;
As if these large companies weren’t already powerful enough, they use the patent cards as well as necessary to gain more advantages over smaller competitors. 
&lt;/blockquote&gt;

IBM -- like Novell -- uses software patents to market even its &#039;own&#039; Linux.</description>
		<content:encoded><![CDATA[<blockquote><p>
How about a project to dissect Microsoft patents with the intent to patent as many interesting extensions of their “inventions”?
</p></blockquote>
<p>There&#8217;s <a href="http://lxer.com/module/db/viewby.php?dbn=13&#038;uid=115" rel="nofollow">something similar</a>.</p>
<blockquote><p>
As if these large companies weren’t already powerful enough, they use the patent cards as well as necessary to gain more advantages over smaller competitors.
</p></blockquote>
<p>IBM &#8212; like Novell &#8212; uses software patents to market even its &#8216;own&#8217; Linux.</p>
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	<item>
		<title>By: Roy Schestowitz</title>
		<link>http://techrights.org/2009/08/12/mckool-smith-i4i-vs-msft/comment-page-1/#comment-72068</link>
		<dc:creator>Roy Schestowitz</dc:creator>
		<pubDate>Wed, 12 Aug 2009 14:58:43 +0000</pubDate>
		<guid isPermaLink="false">http://boycottnovell.com/?p=16533#comment-72068</guid>
		<description>&lt;blockquote&gt;
There are many talented FOSS devs that could be making millions to the loss of society and various profitable businesses if they dedicated their time to writing patents.

Perhaps the contributors to a project that gets shut down because of patent threats...
&lt;/blockquote&gt;

There is &lt;a href=&quot;http://boycottnovell.com/2009/02/16/gimp-mosaic-plugin/&quot; rel=&quot;nofollow&quot;&gt;an actual example of this&lt;/a&gt;, but it kept silent about it. Software patents have already shut down more FOSS projects.</description>
		<content:encoded><![CDATA[<blockquote><p>
There are many talented FOSS devs that could be making millions to the loss of society and various profitable businesses if they dedicated their time to writing patents.</p>
<p>Perhaps the contributors to a project that gets shut down because of patent threats&#8230;
</p></blockquote>
<p>There is <a href="http://boycottnovell.com/2009/02/16/gimp-mosaic-plugin/" rel="nofollow">an actual example of this</a>, but it kept silent about it. Software patents have already shut down more FOSS projects.</p>
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		<title>By: Jose_X</title>
		<link>http://techrights.org/2009/08/12/mckool-smith-i4i-vs-msft/comment-page-1/#comment-72065</link>
		<dc:creator>Jose_X</dc:creator>
		<pubDate>Wed, 12 Aug 2009 14:44:40 +0000</pubDate>
		<guid isPermaLink="false">http://boycottnovell.com/?p=16533#comment-72065</guid>
		<description>How about a project to dissect Microsoft patents with the intent to patent as many interesting extensions of their &quot;inventions&quot;? If we spend enough time patenting in and around their playpen (plus whatever other good ideas come up), it will almost assure some good stuff will get patented. This way we can help put an end to, eg, dotnet, by forcing injunctions and or high royalties. This will lead to back-backlash and the software industry will grind to a halt unless the US Congress/Courts stop the madness.

Of course, Microsoft is already patenting around their inventions like mad so that they own the cards and not someone else. That&#039;s what IBM and everyone does when the build patents for &quot;defensive&quot; purposes. Of course, defensive patents turn offensive whenever you need some help in the market place or need to defend your turf or even monopolies (and associated high revenues). As if these large companies weren&#039;t already powerful enough, they use the patent cards as well as necessary to gain more advantages over smaller competitors.</description>
		<content:encoded><![CDATA[<p>How about a project to dissect Microsoft patents with the intent to patent as many interesting extensions of their &#8220;inventions&#8221;? If we spend enough time patenting in and around their playpen (plus whatever other good ideas come up), it will almost assure some good stuff will get patented. This way we can help put an end to, eg, dotnet, by forcing injunctions and or high royalties. This will lead to back-backlash and the software industry will grind to a halt unless the US Congress/Courts stop the madness.</p>
<p>Of course, Microsoft is already patenting around their inventions like mad so that they own the cards and not someone else. That&#8217;s what IBM and everyone does when the build patents for &#8220;defensive&#8221; purposes. Of course, defensive patents turn offensive whenever you need some help in the market place or need to defend your turf or even monopolies (and associated high revenues). As if these large companies weren&#8217;t already powerful enough, they use the patent cards as well as necessary to gain more advantages over smaller competitors.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Jose_X</title>
		<link>http://techrights.org/2009/08/12/mckool-smith-i4i-vs-msft/comment-page-1/#comment-72064</link>
		<dc:creator>Jose_X</dc:creator>
		<pubDate>Wed, 12 Aug 2009 14:29:52 +0000</pubDate>
		<guid isPermaLink="false">http://boycottnovell.com/?p=16533#comment-72064</guid>
		<description>If software patents aren&#039;t cut down and/or eliminated as a threat to FOSS before FOSS and commercial FOSS companies start suffering noticeably (due to enforcements or significant FUD), I will consider going into the lucrative patent creation business to try and make sure major supporters of software patents (eg, Microsoft and IBM) have a difficult time carrying out their profitable businesses whenever they violate any of my (future) patents.

Rather than implementing things, I will spend the time as do these patent factories by dreaming up combinations of future uses of computers and electronics and trying to get the most general patents possible. I&#039;ll consider creating free workshops and free online documentation to facilitate everyone else also getting enforceable patents. Even ordinary Joe can spot trends and work on a patent with a few technical individuals to split the profits later.. or help ground the US software industry to a halt.

Software patents are likely unconstitutional (hinder not promote) and are unethical, but the US courts and Congress apparently aren&#039;t clear on this yet.

There are many talented FOSS devs that could be making millions to the loss of society and various profitable businesses if they dedicated their time to writing patents.

Perhaps the contributors to a project that gets shut down because of patent threats should donate future time to writing patents to be used on major players like Microsoft that support software patents. Force Microsoft into a corner: injunction and lose ability to sell Windows and Office missing much interesting functionality (or having to spend billions retooling) or else have them help get the software patents declared unconstitutional. Only a company like Microsoft has enough at stake and enough money to fight your hungry lawyers all the way to the Supreme Court. If Microsoft folds, go after IBM, etc.

[The funding for the patents will come if you build them. Lawyers will work for you in anticipation of winning settlements and off past winnings.]

Why is it that writing a quality piece of interesting open source software requires so much more energy, creativity, study, commitment, skill, time, cooperation, etc, than writing a patent that will yield millions in revenues?

I think the FOSS world is making a tactical mistake by not retooling to becoming patent generation machines instead of open source generating machines. Surely, the world will be better if we diverted our attentions into these monopolies and stopped writing free/free quality software, no?</description>
		<content:encoded><![CDATA[<p>If software patents aren&#8217;t cut down and/or eliminated as a threat to FOSS before FOSS and commercial FOSS companies start suffering noticeably (due to enforcements or significant FUD), I will consider going into the lucrative patent creation business to try and make sure major supporters of software patents (eg, Microsoft and IBM) have a difficult time carrying out their profitable businesses whenever they violate any of my (future) patents.</p>
<p>Rather than implementing things, I will spend the time as do these patent factories by dreaming up combinations of future uses of computers and electronics and trying to get the most general patents possible. I&#8217;ll consider creating free workshops and free online documentation to facilitate everyone else also getting enforceable patents. Even ordinary Joe can spot trends and work on a patent with a few technical individuals to split the profits later.. or help ground the US software industry to a halt.</p>
<p>Software patents are likely unconstitutional (hinder not promote) and are unethical, but the US courts and Congress apparently aren&#8217;t clear on this yet.</p>
<p>There are many talented FOSS devs that could be making millions to the loss of society and various profitable businesses if they dedicated their time to writing patents.</p>
<p>Perhaps the contributors to a project that gets shut down because of patent threats should donate future time to writing patents to be used on major players like Microsoft that support software patents. Force Microsoft into a corner: injunction and lose ability to sell Windows and Office missing much interesting functionality (or having to spend billions retooling) or else have them help get the software patents declared unconstitutional. Only a company like Microsoft has enough at stake and enough money to fight your hungry lawyers all the way to the Supreme Court. If Microsoft folds, go after IBM, etc.</p>
<p>[The funding for the patents will come if you build them. Lawyers will work for you in anticipation of winning settlements and off past winnings.]</p>
<p>Why is it that writing a quality piece of interesting open source software requires so much more energy, creativity, study, commitment, skill, time, cooperation, etc, than writing a patent that will yield millions in revenues?</p>
<p>I think the FOSS world is making a tactical mistake by not retooling to becoming patent generation machines instead of open source generating machines. Surely, the world will be better if we diverted our attentions into these monopolies and stopped writing free/free quality software, no?</p>
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