[Patents] Some remarks on Vol 1 #284

[Yann DIETRICH Yann.Dietrich@enst.fr]

Dewas wrote
>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?


What can do this SMEs ?
keep secret its source code and use copyright protection.  but, secret of
source code is a pro-innovative way of protection ? better for consumers or
users of sw ?
To my mind, two problems have to be cleared and their impact on innovation
have to be studied ?
- secret of source code
- way of protection of software
Do not forget that patent system has been created to stimulate innovation
because invention has to be published and a question is what has to be
published in a sw patent application ?

Yann

-----Message d'origine-----
De: dewaz <dewaz@ran.es>
À: Yann DIETRICH <Yann.Dietrich@enst.fr>
Cc: Luuk van Dijk <Luuk.van.Dijk@xs4all.nl>; patents@liberte.aful.org
<patents@liberte.aful.org>
Date: jeudi 12 octobre 2000 21:09
Objet: Re: [Patents] Some remarks on Vol 1 #284


>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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