From marmalade@x-stream.co.uk Fri, 20 Aug 1999 08:07:10 +0100
Date: Fri, 20 Aug 1999 08:07:10 +0100
From: Nick Fleming marmalade@x-stream.co.uk
Subject: [Patents] Re: Hypothetical Example.

Imagine that we already have software patents in Europe and that
you are considering licencing some software technology from a
company that produces a widely used database system.

    You have decided to licence this technology as it would
take you 130 man years of development time to come up
with an alternative system that does the same task as good
as your customers requirements specify (fast access times etc..)

    Now, this software technology is licences and is distributed
in the form of a computer program only. This is because, although
key parts of the software are patented, in order to protect the
patents,  and to reduce the risk of piracy, the company does not
distribute the source code.

    Just after you buy the licence, imagine that you discover that the
database can only hold 10,000 names and addresses. Your customers
require a minimun of 50,000 preferably double that for future
requirements.

    So, you ask the owners of the patented technology if they can
increase the size of the database and imagine your suprise
when they say no - no available manpower, not possible due to
time constraints etc.. (plus the possibility that the code is so
poorly written it isnt scalable..)

    The end result is that you lose a lucrative contract or
worse still, your business folds due to lost revenue.

    Finally, imagine if your custormer was a Police Force,
or a City Hospital. Inadvertantly the patent holder
could adversly affect the running of these public services.

 Somebody please tell me that the above situation is impossible,
and that software patents will not allow this. I am thinking of
adding the above scenario as a hypothetical example to the
letter I am writing to various MPs and Trade bodies as I feel
a more technical letter will be ignored / misunderstood.

For the button campaigners : I am currently writing a 
'No Software Patents' Screen Saver which I will send to as
many computer magazines as possible. I've already got
the stars twinking, just need to add some scrolling text.

Regards,
Nick F.





