4 ms·
Maybe we should set up a tradition of patent-busting bounties. I.e. when Victoria's Secret gets hit with $10 million a year in royalties (or whatever the numbe
by csense 14y ago
Maybe we should set up a tradition of patent-busting bounties.
I.e. when Victoria's Secret gets hit with $10 million a year in royalties (or whatever the number was), they can say "We're not going to fight these patents in court, but if somebody else fights them and wins, so we don't have to pay that $10 million/year royalty anymore, we'll give them a one-time $3 million payment."
Victoria's Secret has an incentive to post a bounty under these terms, because having that promise available can only improve the chance that someone else will take it on. And they only have to pay out the reward when Newegg wins -- which means setting up the bounty didn't cost them money, it saved them money (assuming the reward was what made the difference between Newegg fighting and rolling over).
This way, each business can settle or fight depending on their specific circumstances, but the companies that choose to settle can still encourage others to fight.
- mark-r 14y agoGreat idea, but the lawyers would shoot it down immediately (if they haven't already). The terms of a settlement would just have a clause preventing them from offering such a bounty.
- AnthonyMouse 14y agoSo just do it ahead of time. As soon as the troll approaches you, before you so much as sign an NDA, immediately set up an independent trust with the money in it which will give it to whoever invalidates the troll's patents, and if the patents expire without being invalidated the money plus interest goes back to the company. Do this immediately, for every troll, by every company. It could put a pretty good sized dent in the problem.
- queensnake 14y ago.. so then as part of the settlement, the trolls says 'and withdraw your bounty'. Same thing.
- AnthonyMouse 14y agoHence the words "trust" and "independent" -- you set it up so that it's totally out of your control. Then you can't withdraw it any more than you could prohibit the EFF from doing the same thing if they chose to.
- rhizome 14y agoEvery C&D can be posted to a Kickstarter-like site, which collects for the pool of funds. Other companies who receive the same C&D can join the group, basically creating a class-action in advance of the civil action being filed. Potential trolls could look at their prospects and make decisions thereby in a form of mutually-assured destruction (patents on the trolls part, the funds on the receiver's parts).