[Patents] Free gorilla

[Pierre BREESE pb@breese.fr]

> On the one hand the letter and spirit of the written law, ...On the other 
> hand
> we have patent offices and lawcourts which have chosen to violate the 
> written
> law, corrupt the tradition they stand on, follow the call of gorilla 
> reasoning

No, law is a process continuously in progress, and the upgrade of the
interpretation of written law is not a violation of law. Tradition doesn’t 
mean
stagnation. And filing software patent is not in contradiction with Art52.2 in
accordance with 52.3.

>
> Thus, if I was working as a patent attorney, I would also need to tell my
> customers that they'd better get patents on software.  If they don't,
> others will, and they will be in a bad bargaining position when faced with
> gorilla blackmail.

OK, and I as I'm patent attorney, it is generally my recommendation.

> Good proposal, which could be worked on independently of ours.
> Why not start to campaign for it right away.

It is underway...

> I only see you campaigning for software patents but not for a revival of
> the compulsory license system, which has been dead for many years and
> would take great efforts to revive.

You don't be aware of all my actions...

> How would you use the compulsory license system in the following cases
>
> - patented algorithms in MP3

Frauenhofer and Thomson are offering licenses for MP3 patents...

> - LZW algorithm used in GIF and many PDF files

Indem, UNISYS granted about 150 licenses for LZW patent. And you can use pdf 
and
gif when obtained with a software of one of the 150 licensed companies,

> (a) most software standards are not decreed by anyone but become
>     standards, e.g. as a result of being pushed by a big company that has
>     patents on them and hopes to exclude people from the standards.

It seems, that LINUX becomes for the same reasons a kind of standard. What's 
the
problem ?

> (b) some official standards like MP3 were created by a consortium of
>     companies that explicitely patented parts of them and would not have
>     created the standard if they had known that this might lead to
>     a compulsory license being imposed upon them.

See IEEE regulation of patent involved in standards. (I analyzed this 
situation in
an article "patents and standards in conflict".

> This may be a fact but it doesn't mean I have to condone or support it.

OK, it's your right.

>  The patent system is stifling innovation in the USA, and if Europe can
> manage to keep free from it, the important technological developments may
> migrate to Europe.

I observe rather fine people they hang out one`s shingle after migrate to 
USA...I
don't support the idea that abolish software patent in Europe would change the
situation.


>