Computer Ethics, Spr 2015

Corboy 301, Thursdays 4:15

Class 12, April 16

Week 11 Readings

  Read Chapter 4 sections on software patents.



Podcasting patent reversal

What does patent 8112504 actually claim?



In the current season, the Supreme Court is hearing the patent case Kimble v Marvel. Stephen Kimble invented a glove that shoots something like "silly string", allowing kids to pretend to be Spiderman. In a series of court cases that did not end in a traditional licensing deal, Marvel agreed to pay Kimble royalties.

After the patent expired, Marvel stopped paying. Kimble is arguing they should pay forever, because that was implicitly the terms of the agreement. The Supreme Court ruled long ago in Brulotte v Thys that, once a patent has expired, royalty claims also expire.

The theory here is that a change to the Brulotte standard would allow inventors to license their ideas at a lower rate to companies willing to pay royalties for a longer term.



The Supreme Court is also hearing Commil v Cisco, about wireless patents. Commil has one, and has sued Cisco. But Commil's theory is that it is Cisco's customers who are the actual infringers, and that Commil is suing Cisco because of the latter's inducement of patent infringement. Cisco's argument is that, in a patent inducement case, they should be allowed to introduce into their defense their good-faith belief in the patent's invalidity.



Felony prosecution of Florida middle-school student

Fixing security problems isn't always worth it
After all, you're not necessarily the one who suffers.




Patents

Stallman essay
Graham essay
Europe
Open Source
Data Treasury
KSR v Teleflex
Mayo Labs v Prometheus
Abstract patents and CLS v Alice

Crime