Comment by krupan
2 months ago
My friend, you really don't know what you are talking about, and getting all riled up like this is not the right way to learn.
Freely licensing your patents doesn't protect you against patent trolls. I wrote out how patent fights work in another comment, but here it is again.
Company A comes to Company B and says, "Hey! You are infringing on one of my patents!"
Company B says, "oh really? Well let me look through my collection of patents and see if you are infringing on any of mine."
Company A says, "oh, um, nevermind, I think I was mistaken."
Company B says, "yes, that's what I thought"
Now, imagine if Company B had already freely licensed all their patents. That defense wouldn't work.
I agree with you that it's a crappy system, but simply standing with your arms folded and saying, "I'm not playing," isn't going to work.
Yes, that's the reason for the "except for defensive purposes" part. Quoting from Red Hat's promise:
> Our Promise also does not extend to the actions of a party (including past actions) if at any time the party or its affiliate asserts a patent in proceedings against Red Hat (or its affiliate) or any offering of Red Hat (or its affiliate) (including a cross-claim or counterclaim).
Company B may still consult its portfolio and exercise it against Company A defensively, because Company A revoked its license of Company B's patents by asserting against Company B in the first place.
So in other words, Red Hat does not freely license their patents, they say "you are free as long as you don't come after us." Which is exactly the system 99% of companies follow, just more formally stated. Yet you berated the poor guy from Pebble for even obtaining the patent he did??
> Which is exactly the system 99% of companies follow, just more formally stated
Not just formally, but in a legally binding manner, including if the patent is acquired by another company (eg during a company purchase). Even if the original filer has the best intentions, companies change ownership or change legal strategy or go out of business. Patent trolls buy up those patents from closed companies. Legally licensing your patents for defensive-only purposes means they can't ever be used by any of those bad actors.
If the intent of these patents is truly only for defense, then why isn't it common to use a license like this? They lose nothing by it.
> Yet you berated the poor guy from Pebble for even obtaining the patent he did??
Yes. It is IMO unethical to create software patents that aren't covered by such a legally-binding license.
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