From phm@a2e.de  Fri Jan 19 16:48:00 2001
Date: Fri, 19 Jan 2001 17:48:00 +0100 (CET)
From: phm@a2e.de phm@a2e.de
Subject: [Patents] the burden factor in soft vs hard

> Hartmut put words in my mouth:
> >Since it is evident (and even you don't dispute) that software patents
> >have in general no merit for the promotion of progress, ......
> 
> Since you don't bother to read what I write, let me make it clear.
> My view is that whatever the merits of software patents in promoting
> or not promoting progress, it is no different from any other field of
> technology.  

Still, I quoted you correctly.
You have under various occasions admitted that software patents have no
merit for promoting progress.  And you added that this probably also
applies to hardware patents.  Which is beside the point.

> There is nothing special about software patents - they
> share all of the same benefits and problems of patents in other fields
> of technology.  So attacks on software patents ARE attacks on the
> patent system as a whole - you fool no one, especially with the lack
> of empirical economic evidence for many of your accusations.

Again beside the point.  We are not discussing about whom I am attacking
but about whether software patents have any merits in promoting progress.
 
> Are there problems with software patents?  Yes, I have been arguing that
> for seven years.  But to other technology areas of patenting have these
> problems?  Again, yes.  Are these problems resolvable?  Yes, again for
> software and other fields of technology.  So are there grounds to
> discriminate legally against software patents?  No.

If software patents have no merit for promoting progress, that is a
sufficient reason to abolish them, regardless of whether other patents
have the same problem or not.

-phm





