[Patents] Some remarks on Vol 1 #284

[PILCH Hartmut phm@a2e.de]

> 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 ?

Usually not a great problem, because opening the code to the customer is
normal and opening it to the public is often only a question of time.

Except when you have 10000s of patents looming around.
Nowadays companies are afraid of disclosing their sources even to
customers.

> 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 

Yes, and it fails badly in the case of  software

Many companies already close their sources, because they are afraid
someone might search for patent infringements in them.

What sw patents disclose is usually utterly unreadable and uninteresting
anyway.  So by allowing sw patents, society gets worthless information in
exchange for something valuable that is gone.

-phm