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

[Sylvain Perchaud <sylvain@europe-shareware.org>]

Le mercredi 19 juin 2002 à 10:32, Gregory Aharonian a écrit:

>>And one conclusion is that sequentiality takes a very high part in the
>>innovation of the software publishers and so you've to take care not to
>>allow too strong exclusive rights (such as patents) on pieces of software.
>
>And one conclusion is that sequentiality takes a very high part in the
>>innovation of the hardware publishers and so you've to take care  not to
>allow too strong exclusive rights (such as patents) on pieces of hardware.
>
>And one conclusion is that sequentiality takes a very high part in the
>innovation of the mechanical designers and so you've to take care not to
>allow too strong exclusive rights (such as patents) on pieces of mechanical
>hardware.
>
>Yet again another reason why software is just another industry to be a
>part of the patent system.

This doesn't minimize at all the argument (and you know well that the
software sector isn't an industry as you tell it, the microeconomic
foundations aren't the same here).

 At least we agree on the fact that each new generation of software
relies heavily on innovations of the previous generations.

Exclusive rights on components in a sector relying on sequential
innovation are known to produce a slowdown of innovation and the
exclusion of the small innovative players.
In a software sector already under strong network effects and without any
correct regulation of the market (many unlawfull practices from some
companies, Microsoft isn't alone), such a monopole (swpat) given by the
State (and not the market) is economically harmfull.

And you know it.

Since your US company is here to fix the bugs of the patent system, you
have no incentive to see a clear, simple, with true limitations
legislation on patents.
I understand but can't endorse your lobbying efforts to see software
patents officially recognized in Europe since your company will benefit
of all the problems to resolve.

But there's no sounding, rational arguments to allow patents on softwares
and business methods. Economists have never found positive aspects of
such patents and now (latest study from the EuroParl, some speakers at
the latest Paris conference...) even patent experts are doubtful about
the software patents dogma.



--
Sylvain Perchaud
http://www.europe-shareware.org