From marmalade@libertysurf.co.uk  Tue Dec 19 17:53:01 2000
Date: Tue, 19 Dec 2000 17:53:01 -0000
From: Nick F. marmalade@libertysurf.co.uk
Subject: [Patents] regulation draft proposal: revision

Greg,
    I can't let this one pass without comment -
as a programmer, I do not want software patents as they
are bad for the economy as a whole. If we do have them,
they have to be far more carefully granted than most
patents because of the danger of creating a poor economic
climate for businesses large and small.

    Although copyright has been weakened (arguable)
this does not mean software is without protection.

So what do we have to protect our software without patents ?

DLL's / ActiveXand CORBRA objects allow technology
to be used without full disclosure of the software, as
do library files, remote server applications etc.  In fact,
remote server applications are interesting as you could
in theory use a patented technology without the client
 side knowing... hmmm...:-)

Time limited software, security locks, hardware implementations
and so on can be used to implement a licencing scheme where users
pay an annual fee to keep using the software - you can still
have a revenue stream without resorting to patents or horrible
legal wranglings.

I agree that the patent laws were formed long before such beasts as
computers were even thought about, and this is one of the
reasons people argue against software patents - the legal framework
just does not fit for software. Square peg, round hole, squeaky hammer..

    I would also argue against allowing companies even more protection
for their products than they already posess as there is a fine balance
between protection of a company and the rights of consumers -
and non-IT specific businesses.
I don't see anyone on this list arguing their case very loudly!

By consumers I mean schools, just about the entire working
population of Europe, libraries, disabled, hospitals etc. Just
because they are not all clamouring loudly for or against
patents does not mean that the effects of patents on
them all should be ignored in favour of business.

Remember to we are slowly heading towards globalisation
to a time when one patent may be instantly valid in every country.
Arguing for patents 'because we want them' is not
necessarily in the general interest of the vast majority.

Weakened copyright is actually a necessity for software.
Without it, due to the perfect-reproduction properties
of software, I think the software we have would not 
be so diverse or advanced. I cant explain this well, but
Im sure Im right - (can you copyright an idea, or just
the expression of an idea ? - Im thinking about the lotus
1-2-3 drop down menu's here)

Finally, the computer industry in Europe has blossomed
without the need to protect investments with patents.
I do not believe the U.S. has fared any better with patents,
so with all due respect, why should we adopt a flawed
legal model ??

Merry Christmas !!

Nick F.






