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Rodney Hoffman's profile photoPaul Wiggins's profile photoRaj Thakkar's profile photoAnthony Watts's profile photo
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Hopefully many companies will start to make use of DPL.
 
I kinda doubt Apple or Oracle will be joining in.
 
I wonder if Apple will try to find someone to sue for this?
 
Doesn't someone have a patent on this already?
 
Interesting, but not sure how much of a difference it will really make.
 
This already exists and is called a "disclosure document" which you can file with the patent office for a tiny fraction of the cost of a patent and can be used as defensively as if it were a real patent. This DPL stuff smells like a way to trick open source advocates into creating patent portfolios which can turn offensive on a number of triggering events, including organizational sale. No thank you.
 
But +James Salsman, as long as software patents are recognized, you need something to counter-assert if/when X company sues you.  A disclosure document merely prevents others from getting a patent, but doesn't help you if they troll you to put you out of business.
 
+Pranesh Prakash I don't see the distinction. If I file a disclosure document on using zero length widgets to unlock a phone, and the examiners miss it and grant you a patent for using any-length widgets to unlock anything, then my disclosure document is still an airtight defense against your trying to sue me for using zero length widgets to unlock a phone.
 
+James Salsman But if you're threatening to sue me for using foo widgets, for which you hold a patent, I don't have a patent on zero-length widgets to threaten a counter-suit.  Defensive patents aren't pretty, cost a bomb, but sometimes they're needed.
 
+Pranesh Prakash if I sue you for something for which you don't have a patent but do have a disclosure document, you can recover attorney's fees. If you think you need something similarly invalid to counter-sue with, then you aren't gaining any money and you are losing even more of your time, while contributing to welfare for patent attorneys which is eating away at the software industry.
 
You can recover attorneys fees if you don't go bankrupt before being able to see the lawsuit to completion, or settle out of concern for exactly that.

Fighting a patent lawsuit to conclusion is not a realistic situation for most people, unless there is a realistic chance of using counter claims to finance long term defense
 
+Vidar Hokstad how is a lawsuit which takes longer more realistic? Whether the counterclaims eventually pay off or not, the trial takes more time and costs more money before it's resolved. I'm sure lawyers love the idea, but if you're worried about going bankrupt before the suit is concluded, counterclaims defeat the purpose.
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