Hello;
On Apr 11, 2007, at 9:33 AM, kent(_at_)songbird(_dot_)com wrote:
On Wed, Apr 11, 2007 at 01:54:53PM +0200, Brian E Carpenter wrote:
Ted,
Well, if IPR owners don't actually care, why are they asking
people to
send a postcard? It would seem to be an unnecessary administrative
burden for the IPR owners, yes?
My assumption is that they care if the party that fails to send
a postcard is one of their competitors. That's what the defensive
clauses in these licenses are all about, afaics.
I'm not sure I understand the "Upon request...will provide" clause.
Actually, I'm sure I don't understand it...
Does it in any significantly enforcable way *require* RedPhone
Security to do
anything? If so, then all the competitor has to do is send a
postcard, so the
defensive value is effectively zero -- anyone who is a significant
competitor can certainly afford a postcard.
If, on the other hand, it imposes no real requirements on RedPhone
Security,
what does it do? Why is it there?
I always figured that these things were poison pills - if company A
sues company B about a
password infringement, company B will counter sue, and, for company
A, yank any applicable RAND license, and look
to see if A did things like send in the postcard. (Or, if A was
diligent about sending them in, it
provides a handy list of the patents for B to hassle them about.)
It might also be useful for performance evaluations, to see how many
people are using your patents.
Regards
Marshall
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