From jp@smets.com  Thu Nov 15 08:29:16 2001
From: jp@smets.com (Jean-Paul Smets)
Date: Thu, 15 Nov 2001 09:29:16 +0100
Subject: [Patents] patents on ITU-proposals (g.729)
In-Reply-To: <Pine.LNX.4.30.0111070942510.1467-100000@frigg.belbone.net>
References: <Pine.LNX.4.30.0111070942510.1467-100000@frigg.belbone.net>
Message-ID: <20011115082631.F194F190039@storever.smets.com>

Your question depends on
	- ITU rules
	- national laws

It is a very general question, which has not even been properly solved by 
people at the EU in charge of software patents. Because they do not want to 
create limitations to patents, they do not want to include serious provisions 
for interoperability.

For example, if we suppose that software patents are legal in France from a 
court point of view, we have
	- one law stating that interoperability should always be achievable
	- one law that states that there are no compulsory licences required if the 
patentee implements it (the law actually states it reversly)

It also likely that ITU rules includ RAND patent policy (fair access).

I would think it this case that any software maker can get a license at a 
fair fee.

The only ones which are in trouble are the free software publishers in 
France since they are not protected by "first amendment" as they are in the 
US.

There are potential ways to try to circumvent this issue. For the time being, 
a reasonable way may could be to consider that such patents are not valid in 
France which is the case according to current case law from national courts.

Of course, there is always the cross-licensing way which may allow to 
exchange patent licenses with MS rather than pay.

JPS.





