From srctran@world.std.com  Tue Oct 17 23:40:30 2000
Date: Tue, 17 Oct 2000 19:40:30 -0400 (EDT)
From: Gregory Aharonian srctran@world.std.com
Subject: [Patents] Re: Technical effect

>They have so far failed to check whether software patents do promote
>such progess [as inspired by the US constitution].  So has the EPO.
>And so have you.

You can make that claim about any mature technology - electronics,
biotech, pharmaceuticals.  To many biotech researchers in the US,
it is more important to get an NIH grant than to get a patent.
In fact, it is quite difficult to measure the economic impact of
patents, i.e., are patents inhibiting progress, and would the lack
of patents promote more progress.  Yes, I have failed to check
whether software patents promote progress because a) I am not sure
if one can create an detailed enough economic model to measure
such effects, and b) I do not have the funding to gather and
analyze the data if it were possible to do so.

So while I won't argue that software patents promote progress because
I don't have the data to argue so, I also don't have the data to
argue that software patents are hurting progress, and that there would
be more progress if there were no software patents.  And no one else
has such data to argue one way or the other, especially everyone on
this list.

So hoping to fight off reform of 52c by arguing about progress is a
waste of time because there is no conclusive data to argue one way
or the other.

With regards to "evil", it is a totally idiotic word to use - the
second you say that to the lawyers and corporations in Europe that
are trying to get rid of 52c, they are going to stop listening to
you completely, and ignore your arguments.  "Perverted" is just
as bad - use the words, and people will ignore your arguments,
even those parts of your argument that make sense.

Look, what Europe decides to do with its software patenting laws is
up to Europeans.  I suspect they will get rid of 52c to bring EPO
practices into conformance with the "laws" and to be more harmonious
with the US.  I can also sympathize with arguments to keep and
toughen 52c (not that I agree).  All I am saying is that you guys
on this list are not doing a very good job of convincing me, and
that you need to find better arguments.

Greg Aharonian




