From fred@mobach.nl  Sat Oct  7 21:44:22 2000
Date: Sat, 07 Oct 2000 23:44:22 +0200
From: Fred Mobach fred@mobach.nl
Subject: [Patents] Re: Patents digest, Vol 1 #285 - 10 msgs

> From: Pierre BREESE <pb@breese.fr>
> To: patents@liberte.aful.org
> Subject: [Patents] Free gorilla
> `
> When you manage an commercial activity, in software or in all kind of
> activities, you
> have to take in account IP rights of your competitors, even when you
> choose not filing
> patents for your own innovations.

As could have been read in my previous post I do manage a commercial activity, it's my living. I do develop software. As far as I have IP rights I am willing to explain to anyone who wants to pay for my time how my software works. Period. IP
rights of others ? That's not more than their thoughts written in a formula.


> Software patents DOES EXIST IN EUROPE, and all tactic based on denying
> thise reality is a bad way.

You are encouraging illegal deeds. Software patents are illegal in Europe. They are as illegal as drugs. No need to explain that to someone from France ? Know that I agree with the French people that many Dutchmen are behaving illegal regarding
drugs.


> And I'm afraid that the european patent system will clarify the
> situation in
> maintaining the present practice of granting patent software. The 19
> countries involved
> in EPO recently have unanimously assented a modification of art. 52 EPC.
> (The debate
> that led to the 10/9 vote didn?t concern the opportunity of such an
> amendment).

Who is able to explain to me what is happening nowadays in the European Union regarding software patents ?

In some Dutch ICT newspapers I have read that Mr. Bolkenstein (EU commissionair) - known in the Netherlands as Bolkje or "little Bolk"- has decided that the software patents will not be decided upon in November, 2000. Those articles has
appeared in "De Automatiseringsgids" and "Computable". Both articles were written in Dutch and I don't have an URL for an English translation. In "Computable" Mr. Hartmut Pilch has been cited. It seems that the position of the EU on software
patents was the result of a consultation of IP protagonists before 1997. And the current lobby against software patents has been considered to restart the regulation process.

Regards,

Fred Mobach







