[N3WBI3]

Thought I would post two in a one place because they were given at the same conference.

[N3WBI3]

OSS PING

If you are interested in the OSS ping list please mail me

[antiRepublicrat]

"Maybe we [MySQL] come from Scandinavia, but open source is not socialism, it's not a party. Open source is not a business model. Open source is a smarter way to produce the goods and distribute the goods. It doesn't give you a biz model automatically,"

Smart guy. Just like Torvalds, to him it's just a development model, the way to produce the goods.

[antiRepublicrat]

we see patents really being a challenge to innovation

I have to agree with that, too. Look at RIM and the Blackberry. They seriously innovated, then some patent troll that had a paper patent that could be skewed to cover RIM's invention slammed RIM for innovating.

FYI, a "paper patent" is a patent where the "inventor" never builds a prototype, never builds a product, never takes it to market. He just sits on the paper hoping someone else independently invents something close to it and makes it profitable so he can sue. It's easy money requiring no effort -- the only invention on his part is the patent itself.

If we can't get rid of software patents, at least the patent laws need to be changed back to what they were, requiring actual creation of the invention prior to the application. You don't get the same thing in copyright, I can't tell the Copyright Office I'd like a copyright on a work I may never write so I can sue someone who publishes something close to what I may have written in the future.

In addition, failure to show a good-faith attempt to market the invention should be an affirmative defense in court, with the burden of proof on the plaintiff.