Author: Daniel Robinson 2016-10-14 21:07:01
Published on: 2016-10-14T21:07:01+00:00
The discussion on the bitcoin-dev mailing list has centered around the role of patents in the technology industry. While non-practicing entities are a known issue, companies also obtain patents to prevent competition and produce competing products. Obtaining a patent for defensive purposes can make it difficult for others to obtain patents on the same subject matter. However, several people have noted that patent applications are more effective than defensive publication at getting prior art under the noses of patent examiners. One user argues that pledging not to use patents offensively defeats the point of owning patents, which is to use them offensively either to prevent competition or get licensing fees. Defensive patents are useless against litigants who do not produce or make anything and whose "product" is patent lawsuits. Another user expresses concern about the Defensive Patent License (DPL) v1.1 and how it may pose a threat to Bitcoin users. Companies that join the DPL can enforce their patents against anyone who has chosen not to join, meaning most individuals cannot and will not hire patent attorneys to advise them on what benefits they are resigning. The DPL is revocable by the signers, so if Bitcoin Core ends up using any DPL-covered patent, the company owning the patent can later force all new Bitcoin users to pay royalties.A solution proposed by one user is to grant everyone an irrevocable license for the content of emails or BIPs. However, there is a problem with defining "Bitcoin users," as different forks and versions of Bitcoin may exist. Another suggestion is to change the Bitcoin Core license to an Apache2/LGPL3 dual license to ensure the copyright license also has anti-patent protections. The discussion highlights the complex issue of patents in the technology industry and the need for careful consideration when obtaining and utilizing them.
Updated on: 2023-06-11T20:22:33.886870+00:00