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- From: PILCH Hartmut <phm@a2e.de>
- To: Roberto Micarelli <mi.ro@iol.it>
- Cc: <patents@aful.org>
- Subject: Re: [Patents] computer.org article
- Date: Sun, 2 Jun 2002 10:50:05 +0200 (CEST)
> I found this reading really interesting and (sigh) totally on the side of
> great companies' interests. There is also a second page entitled
> "arguments against patents"...
> Why don't they say that, in order to write software, I need only a 1000$
> machine, ten fingers and my brain?
>
> http://www.computer.org/software/homepage/2002/03COTS/index.htm
Kay and Guntersdorfer are probably lawyers, but the article doesn't say
it.
Their main area of knowledge seems to be in law.
Their arguments are slightly better than most other pro swpat arguments
which I have heard, but they still represent a lawyer's utopia which is
far from present reality and probably not realisable.
The article states falsely that patents have worked well for other
industries. That again is a kind of prejudice which people learn in law
school.
Essentially the article says that components, available in source code,
will become independently marketable items because patents prevent undue
appropriation by others. Apart from being far from reality and utopian,
this is also based on the assumption that each important component in a
major system is patentable and that patents actually reflect the effort
that was put into developping the component. Both assumptions are
extremely far from reality.
Of course the other stuff about TRIPS obliging the whole world to legalise
swpat is simply wrong. Apparently the authors feel their lack of
arguments and try to compensate it by propagating that their cause is the
winning bandwagon onto which people should jump, regardless of its merits.
It is interesting to find people trying to go this far in arguing the case
software patents. It shows that the utmost you can get in pro swpat
arguments is about this level.
--
Hartmut Pilch, FFII & Eurolinux Alliance tel. +49-89-12789608
Protecting Innovation against Patent Inflation http://swpat.ffii.org/
115,000 signatures against software patents http://www.noepatents.org/
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