[Owasp-board] Fwd: Cenzic patent case against SPI

Jeff Williams jeff.williams at owasp.org
Mon Aug 27 03:34:24 UTC 2007


The first part is sort of interesting, but I suspect we'd have to come up
with a way to prove that OWASP would never attempt to enforce the patent.
I'm not sure how we would do that, but I bet we could figure it out.

 

The second part is *much* more problematic.  We are simply not equipped to
evaluate patents and decide whether they are 1) valid or 2) being used
anticompetitively.   What you're proposing is basically convicting before
proven guilty.  And we could create legal exposure for OWASP if we guess
wrong.

 

Now, if you want to help get the patent invalidated, build the case.  That
way if someone gets sued, they'll have a case sitting there for them.  Then
the lawyers can better gauge their likelihood of winning, and more likely
challenge the patent instead of just paying a license fee.

 

--Jeff

 

From: owasp-board-bounces at lists.owasp.org
[mailto:owasp-board-bounces at lists.owasp.org] On Behalf Of Dinis Cruz
Sent: Sunday, August 26, 2007 11:21 PM
To: OWASP Board
Subject: [Owasp-board] Fwd: Cenzic patent case against SPI

 

I just had an idea which could be very interesting :)

Why don't we propose that the companies who have 'crazy' patents on web
security related technologies donate those patents to OWASP. This would done
under the logic that they would never be used on a lawsuit ( i.e. OWASP
would act as a safe harbor for these patents).

We can use the argument that "If this is a 'defensive' patent, then OWASP
will be a better harbor for that patent"

Note that in the future we should consider to ban from OWASP's membership,
all companies who use that type of Patents in anti-competitive manners
(which have the power to negatively affect the entire industry) 

What do you think?

Dinis

---------- Forwarded message ----------
From: Dinis Cruz <dinis at ddplus.net >
Date: Aug 27, 2007 4:14 AM
Subject: Cenzic patent case against SPI
To: OWASP Leaders <owasp-leaders at lists.owasp.org>

Now for a very simple topic 

What are your thoughts on Cenzic's lawsuit against SPI Dynamics:
http://www.darkreading.com/document.asp?doc_id=132138 

And more importantly, what should OWASP do?
 

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