Subject: Re: Interesting "almost open source" Microsoft tactic
From: Russell Nelson <nelson@crynwr.com>
Date: Fri, 27 Feb 2004 16:37:37 -0500

Stephen J. Turnbull writes:
 > >>>>> "Benjamin" == Benjamin J Tilly <" <ben_tilly@operamail.com>> writes:
 > 
 >     Benjamin> They have apparently applied for a patent or patents
 >     Benjamin> (this is unclear) on their proposal.  And they offer a
 >     Benjamin> license for it.
 > 
 > Good.  This should squash implementation.  :-)

Yup.  It's neither perpetual nor sublicensable.

On the other hand, given the stupidity of the USPTO, it's much cheaper
to patent everything no matter how obvious it is or how much prior art
there is.  If the USPTO is stupid enough to give X a patent, it'll be
stupid enough to give Y a patent, so there's zero incentive for X not
to patent.

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