From phm@a2e.de  Mon Nov 19 10:38:20 2001
From: phm@a2e.de (PILCH Hartmut)
Date: Mon, 19 Nov 2001 11:38:20 +0100 (CET)
Subject: [Patents] patents on ITU-proposals (g.723.1)
In-Reply-To: <Pine.LNX.4.30.0111161849420.1369-100000@frigg.belbone.net>
Message-ID: <Pine.LNX.4.31.0111191125070.1128-100000@querty.oas.a2e.de>

> So, how do you solve this?
> - Can a project work on a 'stripped down' version that cannot be compiled
> into a 'running program' by itself?
>
> - Can you work in a 'closed' group (so not an open mailing-list and open
> ftp-server) that develops a module containing the g703.1 codec; but that
> is 'sold' (at the price of the patent)?
> Membership of this closed group can be open to everybody; is they sign
> some sort of 'non disclosure agreement'.

The situation in Europe is very unclear about all these questions.
The EPO has granted patents with claims to programs.
German courts have decided that these claims are invalid.

	http://swpat.ffii.org/vreji/papri/bpatg17w6998/

Even if they are to be deemed valid, it is not clear whether a source text
that can't be directly executed in the computer's memory falls under the
claim, and if it does, whether courts will uphold a claim to this extent
in infringement litigation, given that conflicting rights can be derived
from other legal norms.

So beware of any anticipatory obedience to the threats of patentees.

Given the current political climate here, we may very well soon see more
regulations that explicitely allow the publication and distribution of
patent-encumbered programs, even executable ones, either by legislators or
by courts.

The more difficult issues are those of
- what kind of *use* of such programs is subject to patentee rights ?
- can't we return to a clear concept of technical invention, which would
  exclude software patents in the first place and bring practise in line
  with art 52(2) EPC ?

-- 
Hartmut Pilch                                         http://phm.ffii.org/
Protecting Innovation against Patent Inflation	    http://swpat.ffii.org/
95000 signatures against software patents       http://www.noepatents.org/







