ESP Wiki is looking for moderators and active contributors!

Difference between revisions of "A bubble waiting to burst"

m (indeed)
m (Reverted edits by 184.73.104.60 (talk) to last revision by Ciaran)
(15 intermediate revisions by 5 users not shown)
Line 1: Line 1:
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".
+
{{navbox}}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.<ref>http://www.cafc.uscourts.gov/opinions/08-1606.pdf</ref>)''
 
''(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.<ref>http://www.cafc.uscourts.gov/opinions/08-1606.pdf</ref>)''
Line 8: Line 8:
  
 
==Andy Grove==
 
==Andy Grove==
 +
(See also: [[Andy Grove on software patents]])
  
* 2009-05-02: [http://www.bloomberg.com/apps/news?pid=20601103&sid=aw5EZ9BzrgtU Grove Says Patent System May Have Same Flaws as Derivatives]
+
* 2009-05-02: [http://www.bloomberg.com/apps/news?pid=20601103&sid=aw5EZ9BzrgtU Grove Says Patent System May Have Same Flaws as Derivatives]  
 +
 
 +
==David Martin==
 +
(See also: [[David Martin on software patents]])
 +
 
 +
* [http://stopsoftwarepatents.org/forum/t-93114/will-the-patent-system-trigger-financial-collapse-in-2008 Will the patent system trigger financial collapse in 2008?]
 +
** In the comments of that article there are some links that might have good information on Basel and patents
 +
 
 +
==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.
 +
 
 +
* Wikipedia: [http://en.wikipedia.org/wiki/Basel_II Basel II]
 +
* [http://stopsoftwarepatents.org/forum/t-93114/will-the-patent-system-trigger-financial-collapse-in-2008 Will the patent system trigger financial collapse in 2008?]
 +
** In the comments of that article there are some links that might have good information on Basel and patents
  
 
==External links==
 
==External links==
* [http://www.groklaw.net/article.php?story=20090908164954318 Microsoft sells patents that allegedly cover GNU/Linux] - which I guess is an attempt to make money from those in the speculation market
+
* [http://www.groklaw.net/article.php?story=20090908164954318 Microsoft sells patents that allegedly cover GNU/Linux] - which I guess is an attempt to make money from those in the speculation market (See: [[Buying harmful patents]])
 +
* [http://www.huffingtonpost.com/brian-kahin/the-patent-bubble-still-g_b_129232.html The Patent Bubble... Still Growing], by [[Brian Kahin]], 2008
 +
* [http://www.oceantomo.com/auctions.html Live IP Auction Catalogue] - a 2009 auction of software patents from a company which is involved in neither software nor patents
 +
* [http://www.techdirt.com/articles/20080930/0314252415.shtml Comparing The Mortgage Bubble To The Patent Bubble], Oct 10th 2008, TechDirt
  
 
==References==
 
==References==

Revision as of 04:14, 30 April 2011

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])

Microsoft against speculators

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

Andy Grove

(See also: Andy Grove on software patents)

David Martin

(See also: David Martin on software patents)

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.

External links

References