From marmalade@libertysurf.co.uk  Wed Dec 20 10:09:43 2000
Date: Wed, 20 Dec 2000 10:09:43 -0000
From: Nick F. marmalade@libertysurf.co.uk
Subject: [Patents] monopoly/publicity contradiction?

> Maybe you didn't understand.
> The problem is that by delivering a complete and accurate description of
> a software innovation you will largely take away the monopoly effect of
> the patent.

Erm. No this is plain wrong. For example - Dyson make hoovers - sorry
vacuum cleaners and they publish a very full description of how it all
works. Sure you can copy it (as some tried), but it is still infringement to use
it commercially.
Publication of source code is not an infringement. For example, I can
download a complete GIF compression utility for private study, as Mr
Probert said, but as soon as I use it publicly only then does it it become
an issue.

> You don't see a contradiction between monpoly and publication yet?
> The whole basic idea of the patent system is that you can separate the
> two.  With software you can't.  Or at least the separation becomes very
> thin and arbitrary.

I thought the idea of patents was to protect investments and market share
for business purposes, with publication a pre-requisite for the granting
of a time-limited monopoly. ;-). Laws on trade secrets and reverse engineering
tend to cover non-publication issues. I think your arguments might be
more convincing if you gave more concrete examples.

The only problem with publication is if an article does not clearly state
that the technology is patented and requires a licence for use.

As Mr Probert said - we'll probably just have to agree to differ :-)

Regards,

Nick F.






