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Re: IBM Patent Rights Offer/USP #5,148.479


jwlowe@VNET.IBM.COM says:
> I appreciate your interest in keeping the paperwork and interaction
> among IBM and licensees to a minimum, but I think each party is better
> served by assuring that each is in concert as to the terms of the
> agreement and that such terms are enforceable.

Bell Labs has repeatedly assigned inventions to segments of the public
without agreements. This sort of thing is routine and easy. That leads
me to believe your lawyers are simply making work for themselves and
harming your work at the same time. A signed agreement is there to
enforce your rights with the other party. What is it that you could
possibly need to enforce? The people who are using your software owe
you nothing -- no money or other consideration -- so you have no
enforceable rights against them. The people who don't have the right
to use your software will not have signed an agreement with you
anyway.

Having worked at IBM, I know what IBM's lawyers consider to be
"trivial" paperwork. There is no rational legal reason to require a
signed agreement of a person who is not doing anything for you that
you would need to enforce. I would suggest that you eliminate the
taint of licence agreements since it will not produce benefit for IBM.

Perry