From phm@a2e.de  Fri Oct 13 18:35:49 2000
Date: Fri, 13 Oct 2000 20:35:49 +0200 (CEST)
From: PILCH Hartmut phm@a2e.de
Subject: [Patents] simple questions

> I think not in Europe, because I think not in America.  To date, over
> 100,000 software patents have issued here in America, the majority of
> which are still active (in terms of paying maintenance fees).  If
> these were such a problem, like having patent lawyers determining the
> direction of the industry, you would see some evidence of this.  But
> you don't.  There is nothing directing the American software industry
> - it is still as wild and crazy as it ever was.  Even with 100,000
> software patents around to cause trouble.

Some software companies I know of think otherwise.  They are already
devising concepts to dodge patent ligitation, such writing modules in
countries such as India or the Philippines where patents are unlikely to
be asserted and then putting them together here.  Thus they hope to get
out of the shooting line.  Also they have adopted policies such as "never
open sources, under no conditions, even if the customer needs it".
 
> So you can't a priori assume that large numbers of software patents to
> be issued in the future in Europe will cause many problems, especially
> in light of the big restraint with patent litigation in Europe - that
> the loser pays, which stops lots of idiotic patents from being
> asserted.

It doesn't stop IBM from going to court for idiotic patents such as the
one recently ligitated about at the BPatG that is now being carried to the
BGH.
 
> Now if you see lawyers and the EC trying to get rid of the "loser
> pays" aspect of litigation, THEN you have grounds to worry.  But you
> don't have to worry about the EC getting rid of the de facto
> meaningless prohibitions of 52c.

The legal status of software patents is insecure in Europe.
I told you about the BPatG decision of August 28 not only once.
Why do you reiterate the same old desinformation?

Moreover, the "loser pays" principle will often not keep a large company
from litigating, when it thinks this can help in grabbing important
markets.  Nor will it make a small company or an individual opensource
developper feel more secure.

-phm





