Tag Archive: patent


Fascinating item I heard on Floss Weekly the other day – about the JMRI project.  In this episode they interview Bob Jacobsen about his experience defending JMRI – an open source project for the model railroading community.  This was fascinating for me as I like the concept of Open Source, love model trains and standing up for the little guy.

What happened was Bob Jacobsen, along with others, created the JMRI project – a Java interface to the decoders used in model trains – interacting with DCC decoders  - which use an open protocol.  What’s neat about the DCC system is that – since it’s a standard – I can buy decoders from one manufacturer (the thing that goes in the train) and the control system from another manufacturer.  This means that if I buy a train from a manufacturer with a decoder built-in I can use that on both mine and my friend’s layout – even if our control system (the throttles, etc.) are not from the same manufacturer.  This is a great example of an industry working together for the best good – as there is a both healthy competition without losing the ability for items to work together.  In fact now the really cool thing is sound on the trains itself – which increases the realism greatly (and is just fun!).

The story was about how someone decided, in my opinion, to abuse the work that community had done and take it for their own (wholesale copying open source code into a commercial product and removing the copyright notices).  This person (the whole history is here) sued the people in the open source project for ridiculous sums of money (especially considering they didn’t derive revenue from it) and took actions to threaten their primary income. View full article »

I saw this article today about how Microsoft is now involved in the patent battle between HTC and Apple: http://techcrunch.com/2010/04/28/microsoft-htc-android-apple-patents/

I feel like I’m watching a tennis match – as these patent wars go back and forth.  I’m not a big fan of software patents – for reasons like this.  I would prefer companies spend their energy innovating – not litigating.   I also find some of the software patents to be extremely questionable – as they seem obvious and easy to independently create without “stealing” from another person.

What’s interesting is that Microsoft used to be in the news about defending it’s patent portfolio – but I haven’t heard much lately. Instead I’ve heard about how successful Windows 7 has been, Office 2010 coming out and a completely new phone operating system.  I think this might be a better strategy – to innovate and attract customers for the value you provide to them – not being distracted by patent wars.

Then again maybe I’m naive – maybe this suing and cross-licensing is a part of our world that goes on every day.  That it’s part of the cost of the products we offer in the U.S. (doesn’t apply to some other countries) in our business ecosystem.  That it’s not a big deal – the companies litigate, settle and cross-license all the time – as that’s the most efficient way.

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