Authored by: Anonymous on Thursday, March 07 2013 @ 01:16 PM EST |
... you must get rid of patents period.
RAS[ Reply to This | Parent | # ]
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Authored by: Anonymous on Thursday, March 07 2013 @ 03:46 PM EST |
An SEP is a patent that affects the implementation of a standard.
This
should not be confused with a standard being created and then a patent being
acquired on a part of that standard.
Standards are generally built
(again: my impression) on pre-existing technology in order to provide an
infrastructure for interoperability. For example:
long, long before we had
a documentation format standard we had applications to build documents
That
means the patents that exist (and will become SEP's) already exist before the
standard is developed.
As a result: If you wish to say "Patents can not
be built that affect standards and thereby become SEPs", then you must say one
of:
If a standard is created, it must be created on technology that does not
exist and must be created such that it infringes on no existing
patents
or
Patents are not allowed - because any patented technology
could become the basis of a standard
RAS[ Reply to This | Parent | # ]
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Authored by: Anonymous on Thursday, March 07 2013 @ 03:47 PM EST |
When were standards declared "open"?
They are merely agreed to specifications. Whether they would
be agreed to with all kinds of encumbering patents is a
different issue (and one that apparently is answered with
"yes".)
If you forbid any patents to encumber any (ISO?) standard,
then you merely are saying that "defacto" standards will be
the only ones that exist.[ Reply to This | Parent | # ]
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Authored by: Anonymous on Sunday, March 10 2013 @ 03:53 PM EDT |
You are getting too hung up on the layman's definition
of"property". In the legal realm, the term "property" really
refers to a bundle of rights associated with something.
"Property" just make that someone has the right to use
something, to exclude others from using it, and to reap the
benefits of his use. In this context, the term "property"
describes perfectly what one has when he holds a patent,
copyright or trademark.[ Reply to This | Parent | # ]
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