{"id":35,"date":"2012-04-18T00:02:00","date_gmt":"2012-04-18T00:02:00","guid":{"rendered":"http:\/\/blog.maclawran.ca\/twitter-create-the-defensive-patent-foundatio"},"modified":"2012-04-18T00:02:00","modified_gmt":"2012-04-18T00:02:00","slug":"twitter-create-the-defensive-patent-foundatio","status":"publish","type":"post","link":"https:\/\/blog.maclawran.ca\/?p=35","title":{"rendered":"Twitter &#8211; create the Defensive Patent Foundation now!"},"content":{"rendered":"<p>I&#8217;ve been having a nice quiet time, not a lot going on to upset me.&nbsp;  Until this morning when I read the latest via HackerNews  <a href=\"http:\/\/news.ycombinator.com\/\">http:\/\/news.ycombinator.com\/<\/a> about The Innovator&#8217;s Patent  Agreement:  <a href=\"https:\/\/github.com\/twitter\/innovators-patent-agreement\/blob\/master\/innovators-patent-agreement.md\">https:\/\/github.com\/twitter\/innovators-patent-agreement\/blob\/master\/innovators&#8230;<\/a><\/p>\n<p>Twitter is trying to create a sort of &#8216;patent which can&#8217;t be used to hurt anyone&#8217; &#8211; from the preamble of their agreement:<\/p>\n<p><strong>&#8220;WHEREAS Company and the Inventors believe that software patents should  only be used to make a positive impact in the world and, accordingly,  should only be used for defensive purposes&#8221;<\/strong><\/p>\n<p>It&#8217;s essentially a patent assignment document.&nbsp; These documents are  interesting because, in the US inventions are invented by people; not  companies.&nbsp; They can be *assigned* to companies, which often happens,  but the inventor generally gets to keep their name on the patent.&nbsp; (Of  course Edison has everyone working in his labs assign all their patents  to him, but that&#8217;s another post entirely).<\/p>\n<p>So here&#8217;s what they consider a &#8220;Defensive Purpose&#8221;<\/p>\n<p><strong>An assertion of claims of the Patents shall be considered for a &ldquo;Defensive Purpose&rdquo; if the claims are asserted:<\/strong><\/p>\n<ul>\n<li>(a) against an Entity that has filed, maintained, threatened, or  voluntarily participated in an intellectual property lawsuit against  Assignee or any of Assignee&rsquo;s users, affiliates, customers, suppliers,  or distributors;<\/li>\n<li>(b) against an Entity that has filed, maintained, or voluntarily  participated in a patent infringement lawsuit against another in the  past ten years, so long as the Entity has not instituted the patent  infringement lawsuit defensively in response to a patent litigation  threat against the Entity; or<\/li>\n<li>(c) otherwise to deter a patent litigation threat against Assignee or  Assignee&rsquo;s users, affiliates, customers, suppliers, or distributors.<\/li>\n<\/ul>\n<p><strong>If Assignee needs to assert any of the Patent claims against any entity  for other than a Defensive Purpose, Assignees must obtain prior written  permission from all of the Inventors without additional consideration or  threat. <\/strong><\/p>\n<p>And if they dont?<\/p>\n<p><strong>if Assignee asserts any of the Patent claims against any entity in a  manner that breaks the promises of paragraph 2, the Inventors,  individually or jointly, may grant a patent sublicense to the entity  under the Patents<\/strong><\/p>\n<p>And how long does this last?<\/p>\n<p><strong>This license to the Inventors is not  assignable but may pass to the heirs of an inventor in the case that  the inventor is deceased. <\/strong><\/p>\n<p>Wow.&nbsp; It&#8217;s nice that Twitter  wants to make the world a better place; but this isn&#8217;t the most useful  way to go about it; because there are problems here&#8230; let&#8217;s review a  few:<\/p>\n<ul>\n<li>OK, so they can use the patent offensively against any entity that has even threatened an IP lawsuit against <strong>any<\/strong> of their users.&nbsp; (a) a<strong>Twitter has over 500 million users. <\/strong>That&#8217;s a pretty gaping hole dontchathink?<\/li>\n<li>Any company that has voluntarily participated in an IP lawsuit in the last 10 years.<\/li>\n<li>To deter a patent litigation threat against users&#8230;<\/li>\n<\/ul>\n<p>OK,  so I think I can probably drive a truck through a, b, and c.,&nbsp; How  about if we wanted to get permission from the Inventors to let a lawsuit  proceed?&nbsp; They need to get<strong> prior written permission from all the inventors.<\/strong> Good luck with that.&nbsp; Can&#8217;t find one?&nbsp; Too bad.&nbsp; And if they&#8217;re dead.&nbsp;  Too bad&#8230; ask their kids for permission.&nbsp; That&#8217;s a bit foolish really.<\/p>\n<p><strong>Otherwise the inventors can just sublicense their invention to the enemy.&nbsp; Just like that.<\/strong>&nbsp; Sounds like a pretty good strategy to me.<\/p>\n<p>If  Twitter really wants to make the world a better place through an  agreement to use patents only defensively, then we need a trusted 3rd  party to decide the questions of whether the use is defensive or not.&nbsp;  No 500 million user loopholes.<\/p>\n<p><strong>How about a Defensive  Patent Foundation &#8211; sort of a cross between the EFF and FSF who, through  the use of a license, can do this correctly, impartially, and better  than even the Inventors ever could (provided you could find them).<\/strong><\/p>\n<p><strong><br \/><\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p class=\"excerpt\">I&#8217;ve been having a nice quiet time, not a lot going on to upset me. Until this morning when I read the latest via HackerNews http:\/\/news.ycombinator.com\/ about The Innovator&#8217;s Patent Agreement: https:\/\/github.com\/twitter\/innovators-patent-agreemen&#8230;<\/p>\n<p class=\"more-link-p\"><a class=\"more-link\" href=\"https:\/\/blog.maclawran.ca\/?p=35\">Read more &rarr;<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-35","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/blog.maclawran.ca\/index.php?rest_route=\/wp\/v2\/posts\/35","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.maclawran.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.maclawran.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.maclawran.ca\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.maclawran.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=35"}],"version-history":[{"count":0,"href":"https:\/\/blog.maclawran.ca\/index.php?rest_route=\/wp\/v2\/posts\/35\/revisions"}],"wp:attachment":[{"href":"https:\/\/blog.maclawran.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.maclawran.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.maclawran.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}