[Patents] Some remarks on Vol 1 #284

[dewaz dewaz@ran.es]

Yann DIETRICH wrote:

> Luuk van Dijk wrote
>
> >Each of these ideas I have come up with by myself as an answer to
> >my own problems.  It is impossible to check each of these ideas
> >for possible claims, and it cannot be fair to require me to do so,
> >even if a law says I should.
> >
> >The whole reason for this discussion is that we don't want
> >the law to become the problem.
>
> I am agree with you but these argument can be dangerous .... and what
> will
> you think if microsoft integrate your code lines in windows 2000 (
> perhaps
> it will work better ) ? you will sue them on the basis of your IP
> rights ...
> so, patent is just an another form of protection, I think more
> efficient.

Congratulations!This opens a new really amazing argument!
If Guglielmo Marconi got a patent in 1896 was thanks to previous patents
from  Branly or Popov .
Right?
Then ,Why not patenting soft programs with code from other patented
programs?



> In my mind, in computer field, there is a cultural problem about IP
> rights.
> ( I use my first cracked software at 13 years old and I am a great fan
> of
> napster .... and I am an IP/IT lawyer )

Napster's fan who support patenting soft? Masochistic or something?
X^D

> But, in a very monopolistic market
> such as software, only strong legal instruments such as patent allow
> small
> firms to earn market share, even if it is hard.
>
> Yann Dietrich

Excuse me, Are you serious?
If not I missed the joke.
As a experienced IP/IT lawyer, are you saying that a small just started
soft company from say Arnhem has the same opportunities than Microsoft
or Oracle when patenting?
In my humble opinion you are trying to extingish a fire throughing
petrol on it.
Patenting soft will make "monopolistic market" even more monopolistic.
Patenting soft won't get "small firms to earn market share" at contrary
it will allow to get them out by big ones.
Who has the resources to sue for defending the soft patent's right
,paying lawyers ,wait time (I mean years)?
Sun  or the bunch of crazy coders from Arnhem who started a small
company of 150000 euros 6 months ago?


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