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

[Xavier Drudis Ferran <xdrudis@tinet.org>]

On Fri, Jun 14, 2002 at 05:34:05PM +0200, Stefano Costa wrote:
> Erik Josefsson wrote:
> 
> Haven't filed patents (for now), some my collegues do.
> I was referring to a similar situation, when you have to declare
> if SW component A comply to standard S. The process involved
> is pretty similar to patent granting process.
>
I can't see any parallel, but then I haven't done any of the two
activities, at least formally. 

> 
> I don't consider it an anathema, personally. As said before,
> the powers against this are a lot, while the pros are (politically)
> weak. When someone has to decide, politicians will grant the

Can we please separate the discussion  between what do you think 
would be good and what do you think is likely?. These are entirely 
independent questions, and frankly, I don't care much how likely 
you think things are. I can only stand for a proposal I think will 
be good, not for a bad one because someone says it will happen anyway.

> most powerful lobby the prize, not the one that looks more pretty,
> and if the lobby against corporations put on the table something
> too nasty, politicians won't ever consider it.

You overstimate the power of the patent lobby, although you are 
right in hinting  (if you meant that) that powerful players 
affected by the directive proposal should be mobilised against
it. For example corporations that use but don't sell software. 
We'll see what politicians consider or don't, but I don't think 
you can convince a politician by telling him his opinion doesn't 
matter because it is a "fait accompli" (sorry for my French).
 
> Simply this. Call it tactics, call it politics, call it whatever
> you
> want...for me personally I simply don't bother for one or the
> other, because I perfectly know what megacorporations
> wants from patenting, and threat to open source are pretty
> marginal, on the market (*now*) exists a ton of SW that use
> patents without licensing and no one complaints, nor will do.

...until the moment the suit pays off. Like when the free software
project starts to take a significant portion of the market. The more
serious the threat the more money they're spend on the prosecution.
The less threatened they feel the cheaper their measures (like FUD
cease-and--desist letters). Cheaper measures are a problem too,
and we shouldn't ignorethem. 

By the way, since Europe has no certainly enforceable 
software patents, going 
after free software projects with patents can at most 
get the project migrated to Europe. If or when software
patents are enforceable everywhere in the world, you'll 
start to see more litigation. For now, their risks 
are too high.

> And when some rare case occur, you will see on underground
> sites plenty of programs that do the dirty job for you.

And during inquisition you could find sinners and heretic books
underground, but that does not justify inquisition. It is 
irresponsible to let a law pass that illegalise your actions 
just because you think you won't be caught.  

> Market is a tough judge. Microsoft, with all his power, can't
> do everything wants: .NET is (partly) open standard for a
> reason.

MS  can't do all they want, that's why their BSA pushes
 Europe to give them patens so they can do what they want. 

Market is no judge, and only resembles Justice in that it is 
blindfolded.

> 
> Correct. But remember that borders are always existed in
> laws, and laws are still with us. Because the good is more
> than the bad. Patents will be with us for the same reason.

If you say that software patents are more good than bad, 
please give arguments for it, not arguments for the likelihood 
of our politicians supporting them. 

> The only problem is that the good is primarily in the hands
> of the big fishes, and only a bit in our hands.

What bit?.

> But hey, this is the world where we live in.  

No. This is not only the world we live in, it is the world we make with
our actions. If you don't like it, then change it. Since you're not
trying to change it, I guess you like it.