From phm@a2e.de  Thu Feb  8 08:28:49 2001
Date: Thu, 8 Feb 2001 09:28:49 +0100 (CET)
From: PILCH Hartmut phm@a2e.de
Subject: Odp: [Patents] Bessen & Maskin reply on software patent paper

Jozef Halbersztadt wrote:

> But the change is impossible without wide-based backing.
...
> Why don't you think that ideas of Manifesto 1994 are good medicine for
> our ills?
...
> We cannot have at once the worldwide (or trilateral) derived from the
> Manifesto system of law concerning computer programs. But campaign for?

I basically agree.
See

	http://swpat.ffii.org/stidi/basti/

as well as chapter five of the Smets report at

	http://www.pro-innovation.org/rapport_brevet/

The problem at the moment is that there is not a widefelt discontent with
copyright in the software industry.  Which is why Samuelson, Kapor and
Davis did not get much momentum behind their initiative.

I'd very much hope that those people in the software industry who do feel
that there are some imbalances or insufficiencies in the current copyright
regime address these issues and come up with improved manifestos.
Unfortunately they are not doing this.  Maybe because they don't care
about legal systems altogether.  As the ESRC IP study just showed, small
and medium enterprises tend to rely on more down-to-earth means such as
contracts, trade-secret, all kinds of business models, and care little
about what lawyers offer them or try to impose on them.  That is
short-sighted, but hard for us to change.

Now there is a strong patent movement outside of the software industry,
but no strong "let's improve copyright" movement within.  A war between
the two sides is making such discussions difficult. The copyright
improvement movement could however have good chances, once we win the war.
Then people may start thinking about possibilities of optimising current
rules and correcting some imbalances in both directions.  And it is never
too early to prepare concepts for a post-war order.

-phm










