Re: How can we submit code patches that implement our (pending) patents?

From: Nico Williams <nico(at)cryptonector(dot)com>
To: "Tsunakawa, Takayuki" <tsunakawa(dot)takay(at)jp(dot)fujitsu(dot)com>
Cc: Andres Freund <andres(at)anarazel(dot)de>, David Fetter <david(at)fetter(dot)org>, 'Craig Ringer' <craig(at)2ndquadrant(dot)com>, "pgsql-hackers(at)lists(dot)postgresql(dot)org" <pgsql-hackers(at)lists(dot)postgresql(dot)org>
Subject: Re: How can we submit code patches that implement our (pending) patents?
Date: 2018-07-12 03:19:14
Message-ID: 20180712031913.GF9712@localhost
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On Thu, Jul 12, 2018 at 01:10:33AM +0000, Tsunakawa, Takayuki wrote:
> From: Nico Williams [mailto:nico(at)cryptonector(dot)com]
> > On Thu, Jul 12, 2018 at 12:29:12AM +0000, Tsunakawa, Takayuki wrote:
> > > How can one make defensive use of his patent if he allows everyone to
> > > use it royalty-free? Can he use his patent for cross-licensing
> > > negotiation if some commercial database vendor accuses his company
> > > that PostgreSQL unintentionally infringes that vendor's patent?
> >
> > https://en.wikipedia.org/wiki/Defensive_termination
>
> Thank you, his looks reasonable to give everyone the grant. Then, I
> wonder if the community can accept patented code if the patent holder
> grants this kind of license.

I'm not a core member, but personally I'd be inclined to accept a
royalty-free, non-exclusive, non-expiring, transferrable, ..., grant
where the only condition is to not sue the patent holder.

I don't object to patents in general, but I think patent lifetimes are
way too long for software (because they are not commensurate with the
costs of developing software), and I understand that often one must
obtain patents for *defensive* purposes because there are sharks out
there. So I'm inclined to accept patents with defensive but otherwise
very wide grants.

Nico
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