[Patents] simple questions

[Gregory Aharonian srctran@world.std.com]

>And even while the IT market continues expanding, it will be forced into a
>capitalist pattern with investors and patent lawyers determining the
>direction.


I think not in Europe, because I think not in America.  To date, over
100,000 software patents have issued here in America, the majority of
which are still active (in terms of paying maintenance fees).  If
these were such a problem, like having patent lawyers determining the
direction of the industry, you would see some evidence of this.  But
you don't.  There is nothing directing the American software industry
- it is still as wild and crazy as it ever was.  Even with 100,000
software patents around to cause trouble.

So you can't a priori assume that large numbers of software patents to
be issued in the future in Europe will cause many problems, especially
in light of the big restraint with patent litigation in Europe - that
the loser pays, which stops lots of idiotic patents from being
asserted.

Now if you see lawyers and the EC trying to get rid of the "loser pays"
aspect of litigation, THEN you have grounds to worry.  But you don't
have to worry about the EC getting rid of the de facto meaningless
prohibitions of 52c.

Greg