Re: [Patents] US patent reform strategy inaugurated by myths & lies

[Jean-Jacques de Jong <jjdj@free.fr>]

Le ven 14/06/2002 à 20:26, PILCH Hartmut a écrit :
> > > Those writing software for non-business reasons have
> > > nothing to fear about software patents, except the paranoid
> > > fantasies they like to dream up.
> >
> > Does the research exemption in patent law apply to all distribution
> > of software in source code form?
> 
> No.
> It has been proposed to do something like that, but the patent lobby isn't
> moving an inch in that direction either.

In France, and I guess in other European countries, there is an
infringement exception for "experimental use" (not just "research").
This has not been tested, but I believe this exception could apply to
the distribution of open source sw, even in binary form, as long as
there is no commercial use. Indeed, the nature of open source software
is to be in perpetual development and testing. If there is a commercial
use, the user would be liable for infringement (because the developpers
fall under the exception). There is also an exception for "private and
non commercial use". The two exceptions combined would allow the
distribution and use of consumer open source software, such as heavily
patented MP3 codecs, DVD readers... which have indeed been out there for
a while.

Of course patent holders can still intimidate the developpers, because
there is no case law that has decided about these exceptions yet...

JJJ