From phm@a2e.de  Fri Dec 15 17:33:16 2000
Date: Fri, 15 Dec 2000 18:33:16 +0100 (CET)
From: PILCH Hartmut phm@a2e.de
Subject: [Patents] monopoly/publicity contradiction?

> If "perform the invention" means to put the invention into
> executable code we even have a patent granting critera
> that will give the public access to every swpat product.

not quite.  only to a handful of implementation examples per patent.
Still, the contradiction exists.
I could write a manual on patents in which I document all the existing
software patents.  This could contain more implementation examples in
source code form, and of course they could be referencable via http-rpc or
the like, since this is just normal web design and I will of course
publish my manual on the web.

Still I am eager to read how Mr Probert sees this problem.
It is one of the many inconsistencies that arise from applying patents to
informational goods, and so far swpat-related legal literature seems to be
ignoring these inconsistencies, focussing instead on the alleged
inconsistency of granting one type of "invention" and not another.
People's tolerance toward inconsistencies tends to be very selective.


-phm





