FTC Defends Ethernet From Patent Troll 59
I Don't Believe in Imaginary Property writes "The FTC has put a stop to Negotiated Data Solutions, a patent troll that bought a patent on an important part of the Ethernet networking standard and tried to jack up the royalties for licensing it. In a consent decree (pdf), N-Data agreed to continue licensing the patent at the formerly promised rates. 'Whatever the merits of the decision, it shows that the FTC sees the value of standards and will be on the lookout for any behavior that could undermine these standards-setting process. That alone could keep companies honest when they enter the standards process. Standards-setting bodies have also become more sophisticated over the years (after being burned in several high-profile cases), and now do a better job at forcing involved companies to disclose and license patents.' The IEEE voted back in 2002 to make patent letters irrevocable, which could have prevented this, but neglected to make that clause retroactive."
Re:GPL? (Score:4, Informative)
Re:GPL? (Score:5, Informative)
How about a change in patent law... (Score:5, Informative)
As set forth in the US Constitution, the purpose of patents is twofold:
1: The temporary monopoly on the invention gives the inventor recompense for the investment made in the invention. In other words, it keeps him/her inventing instead of waiting tables.
2: The limited term of the patent brings the invention into the public domain, to be used as fodder for future inventions.
The whole idea of assignment of your invention rights is simply another way of getting recompense. It's a good idea, because it means you don't have to be a manufacturer and marketer, as well as an inventor. Assignment of rights lets you focus on inventing and not on those other things, if that's your bent.
And maybe reassignment by the first assignee might make sense, too. But by the time patent rights have been sold multiple times, the link back to one of the original functions - to keep the inventors inventing - is so diffuse that it has been lost, IMHO.
The Constitution never intended the patent as a revenue source beyond spurring invention. (Same with copyrights)
All I can say is WOW. (Score:5, Informative)
All I can say Wow...
1 A patent is not a software license or a copyright. A patent does have a limited life span.
2. When a patent expires then it becomes totally free. Not free as beer, speech, or the GPL. Free as in public domain free. You can do anything you want with it after it expires.
So all I can say is WOW.....
Re:GPL? (Score:5, Informative)
Many times it isn't even a true "improvement", just a minor tweak; like dextro-rotating (or levo-rotating) the molecule, or producing a racemic mixture (e.g. Adderal vs. Dexadrine, the aforementioned Prilosec vs. Nexium), or making an extended-release version.
Re:GPL? (Score:3, Informative)
Because their predecessor in interest, National Semiconductor, agreed to a $1000 license, with no consideration for inflation. Which Negotiated Data Solutions should have known when they bought the parent.
(Geez, "Negotiated Data Solutions" even sounds like the name of a shakedown organization)
Re:How about a change in patent law... (Score:3, Informative)