Subject: Re: Patent-based dual-licensing open source business model
From: Alan Hudson <>
Date: Wed, 13 Sep 2006 14:20:45 -0700

Scott Capdevielle wrote:
> Lawrence,
> This is out of the box thinking and I know that as an attorney you have 
> been trained to negotiate and probably enjoy the process. But from the 
> potential licensor, it is a big impediment.  If you consider the model 
> of ASCAP or other copyright licensing models, you can see that it has 
> greased the wheels for inclusion of copyright works tremendously. There 
> is no negotiation to take place and the cost simply becomes a cost of 
> the project and not a large uncertainty.
> We are working along these lines in the medical field and believe that 
> this license model in combination with an open source framework will 
> spur continuous innovation.
Hmmm, the ASCAP model for software patents is an interesting one.  I'm 
only familiar with the venue licensing.  Ie something like $75 a year 
per business.  Does it have volume pricing for other uses(Radio 
Stations)?  Ie as a developer perhaps I could pay a yearly fee for 
access to all the covered patents.  But would a big software house have 
to pay more?  Answering my own questions, Looks like ASCAP has a Blanket 
license for large radio stations that is a percentage of revenue.

Priced right it might work for some developers/companies.  Not sure how 
it fits for an open source project instead of a single developer or 
commercial entity.

Of course to dole out the collected money you'd need something like the 
songs played analogy.  As a developer its almost impossible to know what 
patents I'm infringing/using.  So I don't know how you'd split the 
collected proceeds.

Alan Hudson

President Yumetech, Inc.                     
President Web3D Consortium                   
206 340 8900