Twitter: 'We Promise To Not Be a Patent Troll'
Fluffeh writes "Twitter today unveiled a bold new commitment that will be made in writing to its employees — the company will not use any patents derived from employee inventions in offensive lawsuits without the inventor's permission. Twitter has written up a draft of what it calls the 'Innovator's Patent Agreement,' or IPA, which encourages its developers to invent without the fear that their inventions will be used for nefarious purposes. 'The IPA is a new way to do patent assignment that keeps control in the hands of engineers and designers. It is a commitment from Twitter to our employees that patents can only be used for defensive purposes,' Messinger wrote. 'We will not use the patents from employees' inventions in offensive litigation without their permission. What's more, this control flows with the patents, so if we sold them to others, they could only use them as the inventor intended.'"
We, the poor users, promise to believe you.......
Manager : We would like to use one of your patents to sue our competitors for X amount
Engineer : I am sorry my ethics don't allow me to do that
Manager : We will cut you in for X million of the proceeds
Engineer : Where do I sign.
They can just coerce or bribe the employee in question. "Don't want to sue? Well, I guess that promotion will not be coming down after all."
This is an act of manipulation and misdirection and just as amoral as that sounds.
Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
Twitter is the new Google? (LOL! Not...) It sounds like a nice policy though, I mean ethically and for real.
They can promise anything they want, but if it isn't in their assignment, there's nothing that prevents them or the successor owners from doing to the contrary to it. I also wonder whether it's enforceable if it were in an assignment. The Federal Circuit interprets in funky ways sometimes.
Sorry, that abbreviation has already been reserved by craft beer snobs (India Pale Ale)
I prefer my IPA in a glass, frosted mug, or stein.
I think that using an IPA to determine whether to sue or not is a waste of good beer.
Thanks.
--
BMO
...as software is not an "invention".
All patent litigation will be labeled defensive, and the best defence is a good offence.
That's just a way of giving their innovator employees a cut of litigations. Because no employee will ever want to refuse to litigate aggressively if offered a cut of the supposed profits to come from it. And of course I guess it will make sure twitter never behave like Lodsys, but that was not really expected. They may also refrain from behaving like Microsoft, the half-demon, half-angel on the block, which is a good thing I guess.
Oh and it also piss on the future buyers of twitter which will have to manage a gazillion good relations with ex-employees just to make sure the portfolio does not vanish into thin air.
If they really wanted to impress me, the would assign any patent to the inventor(s) and Twitter gets a full license to said patent(s). Upon end of employment, the patent is transferred to the company.
However, asshole-ism will prevail and they will just fire the inventor if they want to sue...
Many corporations already cross-license their software patents. I think it would be better if Twitter promised to cross-license their software patents at zero cost to anybody who agreed to cross license theirs, and to maintain the registry AT COST. The cost should be virtually nothing, since it would just be a small database running in a cloud somewhere.
Then a few biggies like IBM might join this. As the fortune 500 dominoes tumbled, smaller guys would get in on the act. Anybody, even individuals should be allowed to join.
Eventually, only trolls would not be in the pact. The ultimate finally might involve an anti-trust suit, the SCOTUS, a suitcase full of cocaine and some balloon animals. Everybody wakes up next to a dead hooker and then the blackmailing begins. Next day, software patents are still on the books but for all intents and purposes no longer exist.
unless this policy is actually enshrined into the articles of incorporation of the company, it is, unfortunately, bullshit. actually it's worse than that: it's corporate financial irresponsibility, and as such can result in the directors being ousted by the shareholders and could also result in the directors being prosecuted and struck off from ever being permitted to be directors, ever again.
professor muhammad yunus, economics professor and joint winner of the 2006 nobel peace prize, puts it best in his book "creating a world without poverty". another useful source is the documentary "The Corporation".
a Corporation's Directors are LEGALLY NOT ALLOWED to do anything OTHER than enact the articles of incorporation. for the directors to do otherwise is very very serious. i do not understand why directors do not understand this.
so for the directors to allow this announcement to be made means, quite simply, that unless there's been a shareholder meeting at which 75% of the shareholders agreed to have this new Patent Policy to be added to the Articles of Incorporation, they're straightforward lying through their teeth.
unfortunately, lying in order to get money is legally permissible and is not against the Articles of Incorporation.
... they must also promise never to become a publicly traded company, such as a corporation, because if they do that, then we will only be able to trust that they will forget that they ever said that.
I aim for the stars. Sometimes I hit London.
twitter I think owns that...
seriously... all those app's that you pull down to refresh well... you cant sue twitter otherwise they will counter with that...
honestly its all crazy IMHO
regards
John Jones
Ever heard of "The HP Way"?
Yeah. There's plenty of reasons to be cynical about corporations making long-term commitments to employees. Once the people who made the promises are gone, so are their promises.
There's no -1 for "I don't get it."
Listening to my companies patent Attorneys always left me feeling morally repulsed and strengthened my resolve not to file for any patents. While this has left me at a small disadvantage from career prospective( You have N paper publications but 0 patents where as he has K patent's and zero publications so he is better than you and more deserving of this promotion). I sleep better at night.
Knowing that my patents will be used according to my belief would be a big boost for the minority who prefer a clean conscience over greed
Until (maybe when?) Twitter proves me wrong: +1 Twitter for not being a douche...
Dear Twitter: if you don't want to use a patent to beat other companies into submission, grant an irrevocable license for anyone to use it for FreeAsInBeer in perpetuity. No one would be able to prevent you from using the idea protected by the patent (defense + 1) and you wouldn't be able to prevent others from using it (offense - 1).
No hidden agendas to push, no shoddy ethics. If they had an office where I live I would dump the Google assholes in a heartbeat. I'm a bit tired of these idiots that think that everything I do in my spare time belongs to them.
--
Disclaimer: I work for TAGA (The Arrogant Google Assholes)
Method for allowing self-absorbed douche-bags to use a computer to annoy people.
no really i mean it
.: Semper Absurda
there would be no patent trolling, if there were no software patents.
why not kill the root cause for patent trolling instead?!
We were all so worried about that paltry Patent List, dontcha know.
Why? Because this is a private corporation. The current CEO and it's owners may be willing to honor this now, but down the road after someone else acquires Twitter (An evil company, like for example Oracle) then any loopholes will be used to ignore this commitment. After reading the agreement I can spot a loophole in almost every paragraph, like for example in 2c "otherwise to deter a patent litigation threat against Assignee or Assignee’s users, affiliates, customers, suppliers, or distributors." Doesn't this mean that they can sue anybody just to "deter" patent litigation?
The only way do this is to abandon patents for software. That is the only way we can make sure private companies don't become patent trolls.
The title of this piece on Slashdot was:
Twitter: 'We Promise To Not Be a Patent Troll'
However, I don't see in any of the three links where twitter made the statement: "We Promise To Not Be a Patent Troll".
It is really not appropriate to use quotation marks when paraphrasing. It's not only unfair to the person you're allegedly quoting, it's also misleading to your readers.
Like Google, everyone under the sun starts suing you over BS software patents.
Note I am not a lawyer. But I would assume this IPA would not be inforcable in the event the Patent was sold in a bankruptcy. Twitter is only likely to sell its patents if the company is going under. So it only really protects the inventor from changes in Twitter's management.
and what's hostile and what's defensive?
they get sued by someone else for patent infrigment - is it defensive then to use some bs patent on meshed server architechture with auto failovers and guaranteed transits on the "attacking" company?
world was created 5 seconds before this post as it is.
Ever since Intellectual Ventures entered wholeheartedly into the patent litigation wars, I completely disbelieve any company claiming that it is acquiring patents "for defensive purposes only." Although it's refreshing to see that Twitter -- unlike its social media counterpart Facebook -- has so far avoided getting bogged down in wasteful patent litigation, you have to wonder how long it will last.