So Twitter can use the donated patents “defensively” to initiate a lawsuit if they feel threatened? If they deem it is otherwise necessary to deter a patent litigation? So Twitter can be the aggressor with the donated patents, and it seems like it is their sole discretion whether the threat or “otherwise” caveat are activated such as to allow them to go on the offensive. Incidentally, and interestingly, Twitter will have “all rights to recover damages for infringement…”
As the open source movement grows Microsoft, which is always the 800 pound gorilla in the room, may consider bringing patent infringement suits. It seems that is the worry of at least one open source group who claims that it is particularly troubling that Microsoft, along with a group of tech companies that includes Apple, is seeking to purchase the Novell patent portfolio. According to the Open Source Initiative, the Microsoft coalition seeking to purchase the Novell patent portfolio has “no incentive to support open source as a competitive alternative to proprietary software.”
The trouble with freeware is that there is no margin on free, and while open source solutions are not free, the race to asymptotically approach free is on, hence why I say the race to zero is in full swing. As companies continue to look for the low cost solution, quality is sacrificed.