Re: [Patents] EuroParl-ordered study to be presented in Paris

[Gregory Aharonian <srctran@world.std.com>]

Nick writes:
>The patent system has always been skewed in favor of the larger
>organizations.  It gives them a very real and large advantage
>over smaller businesses.

Sure, but that is true for all areas of technology, not just software,
once again illustrating software's similarity to every other area of
technology.

>Holding a few measly patents is no defense against an extensive patent
>portfolio of a global sized company.

Not necessarily true.  At least in America, there are a growing number
of law firms and investment funds that will invest in patent lawsuits
to help small entities assert their patents.  An individual with a 
really good patent is therefore not necessarily prevented from winning
against larger companies with their big portfolios.  But you need a
really good patent, and you have to be willing to cut a deal with an
investor (which you would have to do if you wanted to raise venture
funding anyway).

Patenting has always been somewhat of an economic game (whether or not
that is a good or bad for society).  You have to spend money to play
the game, and learn lots of rules.  It is often not pretty.  But you
can prevail, especially if you have a good invention.  You can get
victimized if you are not careful.  It's business (yea, I know, a
concept mostly foreign to this list).  But in all of the rules and costs
and tricks and legal definitions, there is nothing that is special
about software.  It is yet another technology (in a long list) that
the patent system is having trouble digesting.

Indeed for all of the paranoid fantasies of persecution about software
patents I see on this list, people in other areas of technology,
especially biotechnology, pharmaceuticals and hardware design have
much more legitimate complaints and threats and lawsuits to deal with,
and with tens of billions of dollars at stake (and in some cases
people's lives).

You want something to worry about?  Worry about IBM announcing a deal
with China or India to use (really low paid) programmers in those
countries to developed open source applications for IBM customers.
All the open sourcers in America and Europe will be left with is 
pats on the head.  I applaud your altruism.

Greg Aharonian