Will Elon Musk License Tesla's Technology To Other Automakers? (inc.com) 128
Audi's CEO "willingly admits that Tesla is two years ahead of the industry in some critical areas of building electric vehicles," reports Electrek. But where will that lead?
"Earlier this week, Musk made a subtle comment on Twitter that could majorly upend the auto industry," reports Inc. magazine: In response to an article in Teslarati highlighting German automakers' attempts to bridge the gap between Tesla's technology and their own, Musk tweeted the following: "Tesla is open to licensing software and supplying powertrains & batteries," tweeted Musk. "We're just trying to accelerate sustainable energy, not crush competitors!"
Consider for just a moment the brilliant potential of Musk's statement. In addition to leading its rivals in electric vehicle production (and the larger style batteries needed to support these), Tesla is also at the forefront of utilizing modern technology in its vehicles. In fact, many have described Tesla as "a tech company that happens to make cars." In contrast, though, Musk has repeatedly spoken on the challenges of actually manufacturing cars at consistent quality, as well as delivering them. At one point, he described Tesla's journey as going from "production hell to delivery logistics hell...." [L]egacy automakers excel where Tesla is weak: namely, manufacturing and delivery. Since they've been making cars so long, they've developed huge factories, along with consistent and refined processes.
But what if Tesla could reach a deal with automakers to license its strength — software and battery technology? Then everyone benefits...
If you're surprised by Musk's tweet, you shouldn't be. In fact, for years Musk has insisted that his primary goal is not to compete with larger automakers but rather to win them over.... If the legacy automakers are smart, they'll jump at the opportunity to negotiate a licensing deal.
The article cites a 2014 blog post in which Musk promised Tesla wouldn't initiate patent lawsuits against companies who wanted to use its technology, "in the spirit of the open-source movement, for the advancement of electric vehicle technology..."
"Our true competition is not the small trickle of non-Tesla electric cars being produced, but rather the enormous flood of gasoline cars pouring out of the world's factories every day."
"Earlier this week, Musk made a subtle comment on Twitter that could majorly upend the auto industry," reports Inc. magazine: In response to an article in Teslarati highlighting German automakers' attempts to bridge the gap between Tesla's technology and their own, Musk tweeted the following: "Tesla is open to licensing software and supplying powertrains & batteries," tweeted Musk. "We're just trying to accelerate sustainable energy, not crush competitors!"
Consider for just a moment the brilliant potential of Musk's statement. In addition to leading its rivals in electric vehicle production (and the larger style batteries needed to support these), Tesla is also at the forefront of utilizing modern technology in its vehicles. In fact, many have described Tesla as "a tech company that happens to make cars." In contrast, though, Musk has repeatedly spoken on the challenges of actually manufacturing cars at consistent quality, as well as delivering them. At one point, he described Tesla's journey as going from "production hell to delivery logistics hell...." [L]egacy automakers excel where Tesla is weak: namely, manufacturing and delivery. Since they've been making cars so long, they've developed huge factories, along with consistent and refined processes.
But what if Tesla could reach a deal with automakers to license its strength — software and battery technology? Then everyone benefits...
If you're surprised by Musk's tweet, you shouldn't be. In fact, for years Musk has insisted that his primary goal is not to compete with larger automakers but rather to win them over.... If the legacy automakers are smart, they'll jump at the opportunity to negotiate a licensing deal.
The article cites a 2014 blog post in which Musk promised Tesla wouldn't initiate patent lawsuits against companies who wanted to use its technology, "in the spirit of the open-source movement, for the advancement of electric vehicle technology..."
"Our true competition is not the small trickle of non-Tesla electric cars being produced, but rather the enormous flood of gasoline cars pouring out of the world's factories every day."
Probably.. (Score:2, Insightful)
That's fine and all, but why is it that he's hasn't updated the sensors since 2016? Why haven't the cameras been updated with all the dynamic range improvements since? And then there's the issue of camera placement .. why are there only side facing cameras on the B-pillar? How can having cameras solely on the B-pilalr be optimal for seeing forward cross traffic in urban situations, especially when people are illegally parked in such a manner that you have to inch forward and lean forward .. having cameras o
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This article talks about electric motor technology, not automation technology. AV's aren't even the focus of most of the auto industry. It's developing a fleet of EV's.
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IMHO, most automakers don't see automation extended beyond "super cruise control" that mostly exists now (distance sensing, lane keeping, etc).
You might even argue they don't *want* self-driving, since that seems to be a kind of tipping point technology where maybe people stop seeing a car as something they would own and be something that they just use when they need it. This could potentially lowering the demand for car ownership, especially in urban areas where hailing a self-driving car would be all the
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Not all the benefits of having a car. As one who has not owned a car for 3 and a half years I'll tell you the one thing that cab hailing services doesn't solve, and so neither would hailing a self-driving car you don't own, is the portable secure storage. Imagine going to the city center by light rail, purchasing a couple items, lugging them onto a bus, going to another shop, buying more, going to a third location now lugging around everything that you have purchased. So you have to plan your trips in an or
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I kind of wonder if the "self driving ride hailing" model will shift a bit to where people may be more easily able to "hail" a self driving car and keep that same one for a day or a half day or whatever their shopping needs were. Buy stuff at one store, put it into the trunk, and you end up collecting all your stuff in the same self-driving car.
It's probably going to be more reasonable to hail a self driving car and keep it than it is to hire an Uber type car and do the same thing because the driver isn't
Busy trying to figure out how to make cars (Score:4, Interesting)
A couple years ago Tesla was innovating regarding what kind of car to make, improving their designs, while making tens of thousands of prototypes. Meanwhile, the car companies were each building MILLIONS of cars per year.
Volkswagen, Toyota, GM, etc were (and are) car companies, making millions of cars. Tesla was a car research company, selling basically prototypes.
Then in the last few years Tesla has tried to turn into a car company. They've been trying to figure out how to make cars in production volume like the big boys. That has left them much less time to muck around with nifty little changes to the car design - they're now trying to design a manufacturing process.
Musk is probably smart to try to license what he has to companies who already know how to build and sell millions of cars. Tesla's strength is R&D and taking risks, not production and managing operations in a steady, reliable way.
Re: Busy trying to figure out how to make cars (Score:2)
Exactly. Production is a completely different sort of engineering all on its own. Its one thing to invent something. Its entirely another to scale it up to production levels.
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Re: Busy trying to figure out how to make cars (Score:2)
Look many of the design decisions in the Model I think Tesla is doing a fine job. Look many of the design decisions in the Model Y, they are specifically geared towards making it more robotically manufacturable â" more than niceties for the car owner. It might be hard to make something 100% lights-out factory manufacturable.. but it is achievable if there is a constant relentless push to making it happen. I think the next few design your iterations will be aimed at making the car 100% robotically manuf
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They've been trying to figure out how to make cars in production volume like the big boys. That has left them much less time to muck around with nifty little changes to the car design - they're now trying to design a manufacturing process.
The "big boys" make cars in production by NOT mucking around with nifty little changes.
And engine model will have a ten year life span.
A slight change in the shape of a body panel is a considered a major change between year models.
There is such a thing as a YEAR model.
What I'm getting at is that Tesla has to eliminate everything that makes the company Tesla before they are ready to join the ranks of the Million Per Year Club.
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Maybe he is convinced (or hoping) that the current array of sensors is sufficient for self-driving and collision avoidance.
he PROMISED that they would be enough. as a company. to a paying customer.
he sold them as being ready enough.
anyway, he just talks bs half the time. problem with that is that he is also a spokesperson for a publicly traded company. but he does speak bullshit at least half of the time 100% of the time.
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The brilliance...ze goggles do nothing! (Score:4, Insightful)
Consider for just a moment the brilliant potential of Musk's statement
Imagine building a technology then licensing it....a business strategy that no elementary school student has ever thought of.
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Has no automaker ever shared technical advances with others, either for a fee or for free? Is it really that "brilliant" or common-sense? I lean towards the latter.
Re:The brilliance...ze goggles do nothing! (Score:4, Informative)
Re:The brilliance...ze goggles do nothing! (Score:5, Informative)
It's not overly uncommon. Tesla does provide the drivetrains to Toyota for the electric RAV4. BMW sells Toyota the engine for the new Supra. And re-badging is fairly common. The Geo Prisim was a re-badged Toyota Corolla (At about a $2-3K savings.). Mazda used to let Ford sell Mazda2s and Mazda3s as the Fiesta and Focus. Towards the end of the brand's history, Saturns were just re-badged Opels and Vauxhalls. Fiat sells a Spider that's an MX-5 with some interior changes and their own engine dropped into it. And for a real laugh, look up the Aston Martin Cygnet. It's a Scion iQ dressed up in a cheap tux, pretending to be James Bond for halloween.
Re: The brilliance...ze goggles do nothing! (Score:2)
> BMW sells Toyota the engine for the new Supra.
And Toyota sells engines to Lotus so they can make real sports cars using Toyota technology.
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I think that the people who praise Italian design are thinking of Ferrari, Lamborghini, Alfa Romeo, Maserati, ... Not Fiat.
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BMW has a really good EV drivetrain too. Not sure if they are licencing it to anyone yet, but it's used in the new Mini Electric and it has top notch efficiency.
Re:The brilliance...ze goggles do nothing! (Score:4, Interesting)
Saturns were just re-badged Opels and Vauxhalls
Nope. Saturn had their own engine plant which exclusively made all the engines for the S-series vehicles. They were the only company at the time using lost foam casting for the blocks and heads. In '02 GM forced them to switch to the ecotech line(GM had a glut of the ecotech engines - they were shit FYI). The astra was the only model with an Opel engine in it(also was the only rebranded opel). Switching to ecotech was the first nail in the coffin in killing those cars. The second was forcing them away from plastic composite body panels and to metal.
The "grand experiment" of Saturn was far too successful, since it created a fanatical brand loyalty and people held onto them far longer then the normal 5yr period. Saturns with 1m miles were not uncommon.
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Had an SW2 myself and loved that critter to no end. The biggest complaint with those engines of theirs is they ran hot, so very, very hot that they'd cause the rad intake side to start cracking. Since they switched to plastic end tanks years before hand instead of keeping with metal. 4 or 5 rads in that car, but amazing gas mileage too with the stick models. Major repair wise though? Alternator, new clutch and a battery over 20 years is nothing short of amazing. Regular maintenance wise it was light, t
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The "grand experiment" of Saturn was far too successful, since it created a fanatical brand loyalty and people held onto them far longer then the normal 5yr period. Saturns with 1m miles were not uncommon.
So basically the same thing they did with the EV1 [wikipedia.org].
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Mazda used to let Ford sell Mazda2s and Mazda3s as the Fiesta and Focus.
Ford at one point owned 33% of Mazda and both companies rebadged models. The Mazda Navaho was based on the Explorer; and the Ranger formed the basis for some of Mazda's pickups.
Re: The brilliance...ze goggles do nothing! (Score:2)
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Safety belts were invented by a Swedish company. Saab? Volvo? Don't remember. They made the patent license cost free to all manufactures on the world.
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Common rail diesel. Invented at Fiat, produced by Bosch.
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Shared technical advances?
Hell, they stick their own name on cars manufactured by other companies in order to fill a hole in their product lines.
Re: The brilliance...ze goggles do nothing! (Score:2)
The basis of the VHS vs BetaMax wars. HDDVD vs BluRay. VC3 vs mpeg-4. In the end its about royalties and licensing more than better design.
Audi wasn't interested (Score:2)
I'll license my technology to Audi, they seem just as interested. Hold me up as an icon!
Audi said Tesla was doing better in a) Having designed cars from the ground up to be EVs. So they have bigger batteries because they are making custom frames, presumably while Audi and others are taking advantage of their economies of scale to make cheaper frames that don't fit batteries into as well. b) In software and esp. self-driving software. I'm not sure of the selling point of (b). I've never said "I really
Formula for more expensive cars? (Score:2)
R&D costs are temporary and eventually are paid off (if successful). But licensing is permanent. Why do you think so many software manufacturers have moved to a subscription model? So if Musk is thinking of a perpetual licensing scheme where he's getting a cut for every EV on Earth then I don't see this as a long term solution. But maybe I'm missing something here with my logic?
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Because nobody wants to be paid for what they've just done, if they're really interested in the subject. They want the money for what comes next.
Seems that Musk is in that boat. He can produce cars in competition with the legacy (big established companies) where he simply can't match production rates, despite having a superior core tech, or he can license what he has now to the world, rake lots of money in from that, make things generally better, and plough the money into R&D of the next big thing (th
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He said he'd give away the patents, that doesn't point to a profit-seeking motive. He also tried to paint Tesla as "open Source".
Software companies prefer monthly/annual revenue streams to one and done sales.
Microsoft Office used to cost over $300/copy, and no one bought upgrades (retail), when the price became $100-150/1 yr for 5 computers, families grumbled and bought the subscription and put all their files in OneDrive, then, 12 months later, it was easier to just renew than seek out alternatives.
Computer technology (Score:5, Interesting)
I own a BMW i3, it is possibly the worst car I have ever owned. Mechanically, it is ok I guess. If a Toyota Prius is a perfect 10 (it is not, but just setting a point of reference) the i3 is a pretty solid 8. BMW did a great job on comfort, but did not waste time on things like hinges or door locks and such.
Tesla by comparison from my experience with the model S and model X is mechanically around a 6.5 or maybe a 7 on a good day. It is cheap and plasticy. The seats feel... well, it feels like the bought the best materials they could find, but companies like BMW and Toyota would design the right materials for the job. Tesla did not do poorly, this is just one of those places where classic car manufactures with a lot more experience and
They made what may be the best drive train and battery technology in the business and also focused on their true core strength... software.
They are decades ahead of BMW on software. They a years ahead of Toyota. The most important thing they have is a platform with a clear understanding of patching. BMW and Toyota and the rest have for decades believed software is something you can get right or good enough and it should last as long as the vehicle and if there is a major problem, you can just plug in a new computer after a recall. If you need proof, BMW does not have progressive software updates... it is all or nothing. The dealership I get my car serviced at refuses to update my software because they are sure it will break more than it fixes and there are too many things broken to begin with. Toyota never even offered software updates for my old Prius.
Tesla started with modules and built modules and used package management. They made agreements from day one with mobile phone providers to ensure all cars with the Tesla name could be updated. They made sure that within reason, all their cars could be diagnosed and managed remotely if needed. It made absolutely no difference how good their software was... because they could fix it and deploy fixes, they were just plain better than everyone else. They also appear to have a strong grasp of quality control in software. I can only assume, but I believe they must have unit tests and integration tests for everything. They probably exceed most every other company in terms of regression testing and code coverage.
If I ever buy a new car... which is less likely now than ever since the car I have should theoretically last me 30 years, I will research the cars on the market closely and will purchase a car from a company that understands software at least as well as Tesla does today.
In the mean time, I will hold out hope for self driving ride sharing services. I believe a properly managed fleet of self driving vehicles is far smarter and more efficient and far more environmentally friendly than everyone owning their own vehicles that are serviced rarely and are just plain wasteful. Thankfully, where I live has dropped far below two cars per family and may already be less than one on average.
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If I ever buy a new car... which is less likely now than ever since the car I have should theoretically last me 30 years
Fantasy. Complete fantasy.
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In what way is a 30 year old car "complete fantasy"? They may be light drivers. If you don't drive hard, and you keep up with maintenance, then 30 years is not that unusual. It depends heavily on the make and model of course. Around here it seems like at least half the pickup trucks are over 30. Cars less so, but to keep one running that long is not unreasonable if you're dedicated.
US data were hard to find, so here's something from the UK. [www.gov.uk]
Yes, it's a rounding error in the fleet, with a trough that go
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All the old cars are being phased out not because they break down but because of the environmental regulations. But before that only a minority drove 30 year old cars.
Re:Computer technology (Score:4, Interesting)
They also appear to have a strong grasp of quality control in software. I can only assume, but I believe they must have unit tests and integration tests for everything. They probably exceed most every other company in terms of regression testing and code coverage.
You had me going until here. This doesn't match my experience or that of any other Tesla owner I know. The more typical experience is that the first few updates are great. Then once your car isn't the newest model with the newest hardware inside, every update has a significant chance of introducing bugs that might or might not be fixed in a subsequent update. As far as I can tell, their regression testing doesn't cover anything more than the basics outside of the safety critical systems.
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The conditions that a car has to operate under have not changed much since Musk first thought of building cars. If you're getting "updates" for anything other than network connectivity, or ability to handle accessories you're adding, then you're not a customer. You're a beta tester.
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The most important thing they have is a platform with a clear understanding of patching.
Right, what we want is beta quality software that gets patched after release, maybe, and when the new model is out they lose interest in your one. Tesla even label their software as beta, they aren't even shy about it.
There are many threads over at Tesla Motors Club with people complaining about updates downgrading features, introducing new bugs or making their older cars extremely slow to the point of being unusable for some things.
Tesla software isn't even the best anyway. Polestar and Honda both have And
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Why would I ever want software in my car? I don't keep using any device driven by software as long as I keep a good old-fashioned ICE car.
I mean, some small software for ABS or similar controls make sense, as do sensor readings into a bus, but that really is write once for the life of the vehicle. But I would rather my navigation was driven by a separate device (e.g. cellphone) attached via Bluetooth to the radio (which is replaceable) than a built in touch screen. Why would you assume someone good at ma
point of software (Score:3, Informative)
Article misses the point (Score:2)
Tesla would *not* be "reach[ing] a deal with automakers to license its strength — software and battery technology". It would be licensing a *part* of its strength. Tesla's other product strengths include:
- Motors and the rest of the powertrain
- Design refinement to simplify construction and reduce costs. Everything from how door handle mechanisms have been simplified through to wiring harnesses that use a fraction of the materials used by other manufacturers
- Significant large advances such as the Cyb
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The advances are building these things into actual commercial cars / SUVs / trucks. No other stressed skin truck on the market. No-one is using large piece casting for SUVs besides Tesla. The magnets in Tesla motors are more compact than others on the market. Etc. They don't have any kind of monopoly on innovation, they're much too smart to work in isolation and so obviously they build on ideas that are already extant, but they are also self-evidently pretty innovative in auto design. Take a look at Sa
EVs (Score:2)
Re:Um... yeah, he will (Score:5, Informative)
Wrong.
Patents to not require you to license them.
Patents require public disclosure when filed so that when the patent expires anyone can use the technology.
Re: Um... yeah, he will (Score:2)
Indeed. Of course, the patent will exclude the process method and parameters to make the invention described.
Which brings us back on topic; if Audi, BMW, Chevy, Ford et al were to liscence Tesla IP, how long would it take for the supply chains and production facilities to ramp up, at acceptable yield, quality and cost?
Re: Um... yeah, he will (Score:2)
Mind you, a Tesla with an Audi interior and styling, that might tempt me out of my old AMG Merc.
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Wouldn't get me out of my Bentley though, and I need to post this to make everyone believe I drive one.
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I've got a Bentley like the one in this video:
Top Gear - Yugo is a Bentley Mulsanne [youtube.com]
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"Indeed. Of course, the patent will exclude the process method and parameters to make the invention described."
This is literally fraud and no company would knowingly engage in this. A patent like this is of only negative value and could not possibly be litigated.
It is amazing how consistently ignorant /. commenters are.
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Also wrong. Patents are of limited life, there are no "loopholes".
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Previous commenter is confusing copyrights with patents I think, there are ways to renew copyrights for the life of the author, plus a number of years - the textbook case is the mouse character created by a certain animator nearly a century ago...
Re: Um... yeah, he will (Score:2)
They convinced congress if the copyright expired, mickey mouse would be seen in porn videos. Probably not far from true.
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You can, however, make minor changes to your product and create a new patent, making sure it is so broad that you can claim infringement on anyone relying on the old patent being expired. This is pretty common for medical patents, and is why in the US Insulin price is well over 300 USD per dose against about a third of that in India, and less than a fiftieth of that in Italy.
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Sorry, I meant a fifteenth.
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If the patent is important enough to a company it never expires, there are loopholes to keep it going forever.
No lol, there are plenty of important patents that have expired (most notably US5443036A, method for exercising a cat). What loopholes are you talking about? You're making things up.
Re:Um... yeah, he will (Score:4, Interesting)
What loopholes are you talking about? You're making things up.
He could be thinking of the pharmaceutical industry. (or maybe copyright)
"When pharmaceutical companies get a patent on a new molecule, they have 20 years to recoup the cost of developing a drug out of it. Two decades sounds like a long time, but clinical trials eat several of those years, leaving only a handful of years to earn back the money spent bringing the drug to market. So pharmaceutical companies look for loopholes in the law. Here are three shady things these companies do to extend their patents - and rake in more cash from consumers."
https://webcache.googleusercon... [googleusercontent.com]
Re: Um... yeah, he will (Score:2)
Combining it with tylenol to extend a patent. My favorite bullshit loophole.
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Not really. You might be thinking of drugs as an example. The big "loophole" in drug patents is that you can tweak something about your drug, sometimes something as simple as the dosing schedule, and repatent it.
But the patent has expired on your old formulation and anybody is free to make it.
Patent "loopholes" mostly rely on people being stupid. They want the new shiny from the "trusted brand" even though it's essentially identical to the old shiny that's now being made by six other companies for a fractio
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What the hell you just made up stuff bro. Patents place you under no obligation to license it.
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I think in some European jurisdictions they do. But not in the good ol' USA.
Re:Um... yeah, he will (Score:4, Informative)
I think in some European jurisdictions they do. But not in the good ol' USA.
Things like this are not requirements of Patents but of Standards organisations. When A Standards group such as the WiFi Alliance of FCC are writing the standards the best solution is often covered by patents so they approach the patent holder with the offer to include the patented technology in exchange for them offering the patent in a fair and non-discriminatory way. The Patent holder then has the choice to except the offer or not.
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You are NEVER "obligated to license the tech", that's what it means to "get a monopoly".
Musk also claims that their supercharger network is open to competitors, just not on terms any of them are willing to accept. That is most certainly the same regarding their other technologies.
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I see there is already a long line of comments pointing out your first assertion on patents is completely wrong, so let me address the last bit.
The real question is, does Tesla have any tech worth licensing or will Auto manufacturers roll their own?
The Audi CEO admitting Tesla is two years ahead of the rest of the industry in certain critical areas is the VERY FIRST SENTENCE in the summary. That would be the tech worth licensing.
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I see there is already a long line of comments pointing out your first assertion on patents is completely wrong, so let me address the last bit.
The real question is, does Tesla have any tech worth licensing or will Auto manufacturers roll their own?
The Audi CEO admitting Tesla is two years ahead of the rest of the industry in certain critical areas is the VERY FIRST SENTENCE in the summary. That would be the tech worth licensing.
Yes but if Tesla is only prepared to license their tech once it is two years old then Audi is in a pickle.
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Not true, at least for the US car makers. In fact I'd advise Tesla to stay away from the US car companies entirely, unless he wants to spend more money in court than he makes off the license. License it to Volkswagen or Toyota or Hyundai, someone who is actually willing to innovate and stand by their contracts. Ford or GM would just do their best to shove Tesla into bankruptcy and buy the company, then bury most of the technology while they continued to make gas guzzlers.
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Two years is not a big deal in the automotive industry. They begin planning for new models up to a decade out. It often takes two or more years for a vehicle to hit the market after the end of the design phase.
If Tesla were somehow ten years ahead, everyone would clamor to license their tech. But Tesla has offered use of their patents before, and is already licensing tech to a couple of automakers, and yet they're not all lined up to get what he's got because they know they can duplicate it sufficiently to
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Two years is not a big deal in the automotive industry. They begin planning for new models up to a decade out. It often takes two or more years for a vehicle to hit the market after the end of the design phase.
If Tesla were somehow ten years ahead, everyone would clamor to license their tech. But Tesla has offered use of their patents before, and is already licensing tech to a couple of automakers, and yet they're not all lined up to get what he's got because they know they can duplicate it sufficiently to sell cars in a couple of years if they want to.
It'll take them more than two years to decide to do the inevitable, because entrenched industries are typically bad about such things.
EV fans would like to think it is inevitable, but people are not really clamoring for EVs. Most of the mainstream manufacturers are comfortable hedging their bets, taking their time to scale up EVs with demand, but keeping their already profitable lines going. Companies like Audi and Volvo going all in on EVs may regret it, as even if they outsell Tesla many times, it's still not going to approach the sales of their current conventional models anytime soon.
https://cleantechnica.com/2020... [cleantechnica.com]
Re:Why bother to patent... (Score:5, Insightful)
Why bother to patent technologies if you insist you won't enforce your patents?
Presumably so that someone else wouldn't patent them and use those patents against you?
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That cannot happen provided you have documented your technology and it was developed prior to the priority date of a patent.
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It certainly can happen (And has happened, MANY times.) when the USPTO is incompetent and the court deciding the case is in Texas.
Re:Why bother to patent... (Score:4, Insightful)
That cannot happen provided you have documented your technology and it was developed prior to the priority date of a patent.
And yet, patent trolls do it all the time. Your time in court against them will be easier if you can point to your own patents.
There's also the situation where a competing company that is not a patent troll sues you for something they have a patent in. At that point they're likely going to be violating some of your own, which puts you in a better position.
Defensive patent portfolios are a fact of life.
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That cannot happen provided you have documented your technology and it was developed prior to the priority date of a patent.
And yet, patent trolls do it all the time. Your time in court against them will be easier if you can point to your own patents.
There's also the situation where a competing company that is not a patent troll sues you for something they have a patent in. At that point they're likely going to be violating some of your own, which puts you in a better position.
Defensive patent portfolios are a fact of life.
IBM was famous for that. We violated one of your patents? Here's a 100 of ours you violated, for starters. Your move.
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No, other companies cannot successfully win in court. It absolutely does happen that companies patent other's inventions and use them against you and having a lengthy legal battle doesn't help the bottom line much, even if you ultimately win.
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>That cannot happen provided you have documented your technology and it was developed prior to the priority date of a patent.
This was never really true, even when the US patent system still used the first-to-invent criteria. The reality is you'd be wasting years in court trying to prove you invented something first, to the point it was easier and cheaper to just pay the ransom.
But the US has changed over to a first-to-file system, so even if you invented it first and can 100% prove it, you still lose if
No longer true (Score:2)
US Patent Law changed about this on in March of 2013. So now that's no longer a valid reason to overturn the patent.
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Sure. But if Tesla had some groundbreaking invention that was unpublished but used by them, someone else could patent it if they later also invented it.
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Why bother to patent technologies if you insist you won't enforce your patents?
Presumably so that someone else wouldn't patent them and use those patents against you?
So that you have a seat at the negotiating table in the future.
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There are easier ways to document your prior art than jumping through all the hoops to secure a patent. Getting a patent is difficult, writing up the technology to avoid patent attacks is simple - publish your design publicly.
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That no longer protects you from having someone else issued a patent, and they can then enforce the patent against you. AIA went into effect March 2013.
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Why would a competitor pay to license patents the holder won't defend?
Because a promise made on twitter doesn't weigh a lot legally...
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Because a promise made on twitter doesn't weigh a lot legally...
I'd change that to read "Because a promise made on twitter doesn't mean anything."
Pointing to a years-old tweet that says something you want to believe doesn't make it true.
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You think that was a legally binding commitment? Are you willing to commit billions in development on a blog post? Why did they file for patents in the first place, since they obviously have "prior art." If Musk was serious, he'd be willing to license patents to all comers for the cost of the lawyering - a few $K/patent at most. That's mice nuts, and less than defending multiple patent suits would cost.
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It was a rhetorical question, you and I agree.
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"Why bother to patent technologies if you insist you won't enforce your patents?"
As protection against others that assert patents on you. The vast majority of patents are obtained for defensive purposes. Musk is simply saying that Tesla considers patents like damn near everyone else does.
"Why would a competitor pay to license patents the holder won't defend?"
Competitors will not knowingly violate patents, nor would they pay license fees that they didn't need to. Rarely are patents obtained for the purpos
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Go back and read the Musk quote that was concocted with statements spanning several years - he says he will share his patents like they were "Open Source" - patents are not that common in the "Open Source" arena, not unheard of, but not common.
Every one of his statements are self-promotion, nothing more - if he truly wanted to give away his engineering, he'd publish something like the Bell Communications Research Journal, which published many, but not all, of the discoveries from Bell Labs at AT&T.
Where
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Twitter posts do not constitute binding agreements.
Musk can say he won't enforce Tesla patents but it's just talk. You'd have to be nuts to invest the massive amount of money to build a factory that knowingly infringes, particularly since Telsa would probably get sued by its shareholders if it didn't enforce the patents.
Accountants like predictability. It's much safer to just license the technology, or better, get Tesla to make it for you.
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Bosch would be a good match.