[cryptography] NSA's position in the dominance stakes

Adam Back adam at cypherspace.org
Thu Nov 18 17:21:16 EST 2010


So a serious question: is there a software company friendly jurisdiction?

(Where software and algorithm patents do not exist under law?)

If patent trolls can patent all sorts of wheels and abuse the US and other
jurisdictions flawed patent system, maybe one can gain business advantage by
incorporating a software company in a jurisdiction where you are immune to
that.

Big companies do such structuring games all the time for tax or other
advantages.  eg many of the big software companies IP is owned by an Irish
subsidiary and then licensed back.  Ireland has a special even lower than
normal (normal is 12.5%) tax on IP licensing profits.  Tada instant corp tax
manipulation tool, even for US sales - adjust IP licensing fees such that
retained profit in high tax country is close to zero.

Adam

On Fri, Nov 19, 2010 at 07:25:06AM +1000, James A. Donald wrote:
>On 2010-11-19 3:02 AM, Marsh Ray wrote:
>>"Look out Sony, he's got a bunch of patents!"
>>
>>"That's not a bunch of patents."
>>[Sony lawyer motions over forklift with pallet of printed documents.]*
>>"This is a bunch of patents. So many, in fact, that we could initiate a
>>new infringement lawsuit against Certicom and its customers every few
>>days if we felt like it. And never run out. Are you sure you want to
>>proceed down this road?"
>
>
>If Sony settled, Certicom would be crowing from the rooftops, since 
>any concessions by Sony could be used to extract similar concessions 
>from anyone else.
>
>So Sony threatened to defend against their bogus patents, and maybe 
>threatened to get a bigger hired judge against Certicom's hired 
>judge, or perhaps threatened to get someone to break their legs, 
>which tactic is becoming more common these days, and Certicom 
>blinked.
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