open source license with 24 month proprietary clause

Terry Lambert tlambert2 at mindspring.com
Mon May 5 20:39:59 PDT 2003


Brett Glass wrote:
> At 12:38 AM 5/5/2003, Terry Lambert wrote:
> >Frankly, if you can't recoup your R&D investment in 24 months,
> >I have to not only wonder how you got funding to make that
> >investment in the first place,
> 
> Maybe you were engaging in that rarity of rarities nowadays:
> long term thinking.

Then don't disclose, or make sure you have a patent to protect
against clean room reverse engineering.  That's what the drug
companies have to do.  On the other hand, the drug companies
have the FDA to deal with, so they need more time on the clock
to recoup.  Plus, they are never interested in really curing
anything, since someone with, say, AIDS, or high blood pressure,
or diabetes, etc., who needs long term treatment with your drug,
is worth a heck of a lot more long term revenue if you treat them
instead of curing them.


> Or simply making more than a trivial innovation.

Name 5 ones in the last 20 years that have benefitted from having
their R&D costs amortized over a period of more than 2 years (i.e.
did not simply turn into revenue production in that time).

People seem to forget the real purpose of all IP law is "To
promote progress in the sciences and useful arts".

-- Terry


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