[Patents] Real Reasons for Patents.

[Nick Fleming marmalade@x-stream.co.uk]

----- Original Message -----
From: Iglhaut, Eberhard : 
 
> Coming to principles: One of the original reasons for patents
> is the goal of promoting the free (not in the sense of 'at no cost')
> availability of information. 

I personally feel that software patents, particularly on algorithms,
are being used to protect companies properties where it is difficult
or impossible to do so otherwise. The reason for this is that the
current legislation does not easily allow for the legal protection
of software. Consider the legal wordings in the curses.h file for
a certain brand of Unix (part of a terminal emulation library
for C programers) - several of the numerical constants defined
have been registered as trademarks, just to protect the software.
    The more I look into the problem, the more it seems to me
that everyone is trying to figure out how to fit a square peg
into a round hole. Separate legislation is needed for software,
rather than trying to hammer it into existing ones. I agree that
software patents are a bad idea, but only because it is the
wrong solution to a real problem: - how to protect your hard
won marketshare etc, or prevent others from capitalizing on
your hard work. This has to be done without impeding innovation
or invention, in accordance with the Goals of the TRIP's
agreement.  I now believe that article 52(2) is a red
herring and should be left well alone. In the bid by companies
to protect themselves, I really do feel that they should be
encouraged to look at alternatives to protecting their businesses
 rather than changing the legal status of software, which seems
to be adequately protected as it is under the copyright and 
reverse engineering laws.

    Having said that, I cannot quite see how it can be resolved
, protecting both businesses and the free software communities,
without having some impact on the way software is written for
all concerned. 

NickF.