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Date: Mon, 19 May 2014 17:09:07 +0200
Message-ID: <CANEZrP3sDh3Q9T0xFi7maNQR9Z6R7gQ6vT5kjchcMkD0hMHOdw@mail.gmail.com>
From: Mike Hearn <mike@plan99.net>
To: Adam Back <adam@cypherspace.org>
Content-Type: multipart/alternative; boundary=001a11c2063a088ae004f9c225cd
Cc: Bitcoin Dev <bitcoin-development@lists.sourceforge.net>
Subject: Re: [Bitcoin-development] patents...
Precedence: list

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IMO this list is fine for discussing such topics.

Here are some thoughts. I had to deal with patents at Google (my name is on
a few, not my choice unfortunately). Many aspects of patent law are deeply
unintuitive, so here's the crash course as I was given it.


The first rule of patents is *you do not go looking for patents*. US law is
written in a really stupid way, such that if you knowingly infringe,
damages triple. Because America uses the patent office as a revenue source,
basically everything you can possibly imagine is covered by some ridiculous
patent so if you go looking you will always find applicable patents on
every idea and then you end up potentially much worse off.

Most companies (Google certainly included) have therefore banned their
staff from reading patents, thus ensuring that the whole point of them, the
sharing of knowledge, doesn't actually function! And it's much better I
think if we follow the same policy. So *please do not ever mention that
suchandsuch is patented on this list*! When it comes to patent law,
ignorance is bliss. Patents are written in a heavily obfuscated manner such
that actually trying to learn from them is hard work anyway.


One reason I wrote up the contracts stuff when I did is to get it out there
into the public domain, so people couldn't patent the basics of the Bitcoin
protocol. It'll be much better for everyone if new ideas are just put right
out into the public domain. *Please do not patent Bitcoin related research
you do*, even if you think it's for the best:

1) Defensive patenting doesn't work. The whole idea was mutually assured
destruction, you hit me I'll hit you type of logic, but the prevalence of
shell/troll companies killed off that idea. Plus it turns out that big
companies are quite willing to sue each other into oblivion anyway. Once a
patent exists, it'll be used as a weapon by someone eventually, and
attempting to "fight back" is probably not a workable strategy. Far better
to ensure the material is simply unpatentable by anyone.

2) Patenting with the intention to sue people using Bitcoin in the same
way: well, if you plan to do this, there's not much to talk about .... you
won't make any friends this way.

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<div dir=3D"ltr">IMO this list is fine for discussing such topics.<div><br>=
</div><div>Here are some thoughts. I had to deal with patents at Google (my=
 name is on a few, not my choice unfortunately). Many aspects of patent law=
 are deeply unintuitive, so here&#39;s the crash course as I was given it.<=
/div>
<div><br></div><div><br><div><div><br></div><div>The first rule of patents =
is <b>you do not go looking for patents</b>. US law is written in a really =
stupid way, such that if you knowingly infringe, damages triple. Because Am=
erica uses the patent office as a revenue source, basically everything you =
can possibly imagine is covered by some ridiculous patent so if you go look=
ing you will always find applicable patents on every idea and then you end =
up potentially much worse off.</div>
<div><br></div><div>Most companies (Google certainly included) have therefo=
re banned their staff from reading patents, thus ensuring that the whole po=
int of them, the sharing of knowledge, doesn&#39;t actually function! And i=
t&#39;s much better I think if we follow the same policy. So <b>please do n=
ot ever mention that suchandsuch is patented on this list</b>! When it come=
s to patent law, ignorance is bliss. Patents are written in a heavily obfus=
cated manner such that actually trying to learn from them is hard work anyw=
ay.</div>
<div><br></div><div><br></div><div>One reason I wrote up the contracts stuf=
f when I did is to get it out there into the public domain, so people could=
n&#39;t patent the basics of the Bitcoin protocol. It&#39;ll be much better=
 for everyone if new ideas are just put right out into the public domain. <=
b>Please do not patent Bitcoin related research you do</b>, even if you thi=
nk it&#39;s for the best:</div>
<div><br></div><div>1) Defensive patenting doesn&#39;t work. The whole idea=
 was mutually assured destruction, you hit me I&#39;ll hit you type of logi=
c, but the prevalence of shell/troll companies killed off that idea. Plus i=
t turns out that big companies are quite willing to sue each other into obl=
ivion anyway. Once a patent exists, it&#39;ll be used as a weapon by someon=
e eventually, and attempting to &quot;fight back&quot; is probably not a wo=
rkable strategy. Far better to ensure the material is simply unpatentable b=
y anyone.</div>
</div></div><div><br></div><div>2) Patenting with the intention to sue peop=
le using Bitcoin in the same way: well, if you plan to do this, there&#39;s=
 not much to talk about .... you won&#39;t make any friends this way.</div>
<div><br></div><div><br></div><div><br></div></div>

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