Effort Underway For Defensive Patent Pool For Open Source Developers
from the figthing-evil-with-evil dept
Slashdot alerts us to a new effort to create a "Defensive Patent License" (DPL) as a defensive mechanism for open source developers. The idea is a bit more advanced than your every day patent pools (even the defensive ones). The basic framework is as follows:
- Members of the DPL would make a business decision that they are obtaining patents strictly for defensive purposes and not because they want to sell licenses or go on the offensive with lawsuits.
- Members of the DPL contribute all of their patents in their patent portfolio – they don’t pick and choose (and this is what differentiates it from other defensive patent pools).
- Members of the DPL allow all other members to use its patents without royalty and without fear of patent infringement lawsuits from other members as long as a member does not file offensive lawsuits or remove their patents from the DPL.
- Members may choose to leave the DPL but cannot revoke the royalty-free license from members who used it during the time the company was a member.
- Members that join after a company leaves would not have royalty-free access to a former member’s patent portfolio.
- The royalty-free cross licensing applies only to members of the DPL. Members are free to pursue royalties or lawsuits with companies outside the DPL.