From mi.ro@iol.it  Mon Oct 16 16:28:41 2000
Date: Mon, 16 Oct 2000 18:28:41 +0200
From: Roberto Micarelli mi.ro@iol.it
Subject: [Patents] Threats to developers

Edward Avis wrote:
> 
> On Mon, 16 Oct 2000, Gregory Aharonian wrote:
> 
> >Yes, companies do use their large portfolio of patents to harass other
> >COMPANIES.
> 
> And you think this is a good thing?  Is it a net benefit that companies
> have to spend money on lawyers rather than on R&D?
> 
> >But show me where such large companies have gone after
> >INDIVIDUALS like those who feel they have guns pointed to their heads
> >when they are programming.
>

This is true as long as you do not significantly enter a business. After
that you are a potential enemy.
It seems the "can develop but can't sell" world that is part of the Gates'
dream. Particularly referring to free-source.
At least, if no evidence emerges in either directions, on the patent
damage to IT I would wisely prefer to leave things unchanged.

> ...
> fact.  The original reason for patents, publishing details of an
> invention that would otherwise be kept secret, does not apply here

Free source business offers more details.

> similar argument holds for file formats too.)  The only remaining reason
> is that the 20-year monopoly provides an incentive for R&D; but as I've
> already said, there's no evidence that such work would not be done
> without the promise of a patent.

Free source usage cuts down R&D costs. I think that every R&D center is
now using free-source for their convenience, while not always agreeing to
the method. Which sounds at least etically wrong (but copyleft legal).

> 
> >An individual programmer has little to nothing to fear about software
> >patents.  It is only when a company has a software product profitable
> >enough to attract patent lawsuits do they have anything to worry about,
> >and even then, many have been able to successfully fight off the
> >patent lawsuit at a moderate cost.
> 
> I don't know what you mean by moderate cost, but given the nature of the
> software market, having to fight patent lawsuits is a huge burden on the
> typical startup or smallish company.

Agree.

> 
> >Certainly, cleaning up the patent
> >examination process would see less stupid patents for companies to assert
> >that others have to waste their money successfully fighting off.  But
> >it still leave other software patents to issue that do satisfy novelty
> >and non-obviousness and enablement requirements.
> 
> Given that the patent system has not yet been cleaned up, would you be
> happy to delay a decision on legalizing software patents until it has
> been?
> 

Agree.


Regards.




