[Patents] Re: possible patentability rules and their merits

[phm@a2e.de (PILCH Hartmut)]

Just for the record:
Here is what Ralph Nack had to answer to my invitation to return
to the central subject.

---------- Forwarded message ----------
Date: Wed, 25 Jul 2001 17:06:12 +0200
From: Ralph Nack <nack@gmx.de>
Reply-To: intprop-l@topica.com
To: intprop-l@topica.com
Subject: Re: possible patentability rules and their merits

Mr. Pilch:

Obviously you have really a lot of time. There certainly is a reason why....

Ralph Nack


----- Original Message -----
From: "PILCH Hartmut" <phm@a2e.de>
To: <intprop-l@topica.com>
Cc: <patents@aful.org>
Sent: Tuesday, July 24, 2001 9:33 PM
Subject: possible patentability rules and their merits


> Ralph Nack wrote:
>
> > Thank you Greg, you got the point. Mr. Pilch: Please refrain from
bombing
> > your ideas over this mailing list.
>
> In fact Ralph has been refraining from the exchange of ideas over this
> mailing list.  He prefers to publish his views in government-ordered
> studies, where they can claim authority and attention for themselves
> without much need to stand up to criticism.  I might think the same way if
> I was in that position.  Also, I might want texts like the following
>
> Patentlobbyismus und Schriftgelehrsamkeit im Namen Max Plancks
> http://swpat.ffii.org/stidi/lijda/mpi/
>
> to be censored along with most of what I write on this list.  The Max
> Planck Institute is in my view an institution with a particularly shameful
> record of what Gert Kolle called "naive and wilful expansion of monopoloy
> power of a few players", in this case by creation and propagation of a
> consistent network of fallacies under the guise of science.  See also my
> criticism of the (not yet finalised) software patent study conducted by
> Fraunhofer and MPI at the order of the German Ministery of Economics
>
> http://swpat.ffii.org/vreji/papri/bmwi-fhgmpi01/
>
> You have also already read a report from Axel Horns on the 2001-07-10
> session and some additions from me.  Mr. Nack's part of this study
> provoked uniform devastating criticism both from advocates and sceptics of
> software patentability.
>
> It would therefore be a good idea for Mr. Nack to expose and discuss his
> methodology and reasoning in this forum.  In any case, this forum is for
> discussion, not for restraint.  And if this discussion is about a subject
> where power comes into play and distorts the arguments of the actors, then
> it is normal and to be expected that some participants misbehave and that
> such misbehavior is pointed out.  It is in my own interest to avoid
> unncecessary emotionalisation, but I can not avoid pointing out what I
> believe to be unadorned factual truth.
>
> So let's get to the subject.  I'd like an answer from any true scholar of
> patent law (who is not only capable of counting court decisions but also
> of putting them in relation to a variety of possible functions and aims of
> the patent system, without giving preference to any particular function):
>
> How can patentability be restricted?
> What possible rules are there?
> How clear are they? (citing some borderline case examples)
> How adequate are they, given different teleological values such as
>   - delivering of intelligent (not completely idiotic) patents
>   - promotion of the interest of various kinds of software players
>   - promotion of progress of science and the useful arts
>   - etc (please formulate other policy goals as you wish)
>
> Mr. Nack, would that be a good subject of discussion, or shall we stick to
> discussing netiquette?
>
> On which of those two subjects do you feel more competent?
>
> --
> Hartmut Pilch
http://phm.ffii.org/
> Protecting Innovation against Patent Inflation
http://swpat.ffii.org/
> 80000 signatures against software patents
http://www.noepatents.org/
>
>
>

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