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A bubble waiting to burst

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The problem of speculation is that by granting software patents which are mostly not being used as a property right (not going to court) but which are being as proof for financial deals, we're moving to a situation where one day there will be companies failing and then they'll start looking for what money their patents can get them. This could aggravate the patent troll problem if failing software companies look to outsource the monetising of their patents to "experts".

(Can someone check if I've understood this: In the USA, a Federal Circuit court confirmed that when a patent is used to secure a loan, and the loan goes unpaid, the transfer of a patent by foreclosure does indeed allow the new owner to enforce the patent.[1])

Contents

[edit] Microsoft against speculators

In the 2009 i4i v. Microsoft court case, the Microsoft lawyers compared i4i inc. to the banks asking for bailouts.[2]

[edit] Andy Grove

(See also: Andy Grove on software patents)

[edit] David Martin

(See also: David Martin on software patents)

[edit] Basel II

Basel II is not directly interesting, but it sets (or might set) some rules for evaluating things such as patents, so it may be of interest for some very specific issues.

[edit] External links

[edit] References

  1. http://www.cafc.uscourts.gov/opinions/08-1606.pdf
  2. http://www.informationweek.com/news/software/enterpriseapps/showArticle.jhtml?articleID=219400044


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