From jp@smets.com Thu, 16 Sep 1999 00:10:12 +0200
Date: Thu, 16 Sep 1999 00:10:12 +0200
From: Jean-Paul Smets jp@smets.com
Subject: [Patents] Software Useright: Solving Inconsistencies of Software Patents
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Hi,

I decided to pre-publish a (long and detailed) article about software
patents.
	http://www.smets.com/it/policy/useright
It is advisable to use the PDF and postscript versions
	http://smets.com/it/policy/useright/useright.ps
	http://smets.com/it/policy/useright/useright.pdf
Please do not spread it yet.

The main goal of the paper is to understand which software patents may
be desirable and which are not then to try to find out how to restrict
the European software patent law to only such desirable software patents
under the legal constraints of the TRIPS international agreements.

Here is the abstract.

------------------------------------------------

Software Useright: Solving Inconsistencies of Software Patents
Version 0.9 (draft - do not spread)
Abstract:

This paper gives an overview of the principles, the economic impact and
the potential juridical contradictions of patents and especially
software related patents. It is structured in five parts, namely:
History, Law, Economy, Justice and Solutions. The first part (History)
shows that the historical legitimity of patents is to ``encourage people
to share technology''. The second part (Law) gives an overview of what
is considered to be an invention and what is not. The third part
(Economy) introduces a model to determine which patents are useful and
which are not. The fourth part (Justice) analyses which patents are fair
and which are not from a citizen point of view. The fifth part
(Solutions) introduces the concept of Software Useright, an integrated
set of legal approaches which make software related patents useful and
fair. Well implemented patent law based on Software Useright may even
lead to an increase of safety and consumer protection in the software
industry. 

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Comments are welcome. I hope to have time to answer to all of them.

Regards,

JPS.
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