RE: [DMCA_Discuss] Re: [Patents] IT World Feature: Patently ridic ulous: What's Europe to do?

[Volkan Yüksel (ARGE-VESTMAN) <volkan.yuksel@vestel.com.tr>]

                        Ok, I am newbee, I agree what you say Phillipe, I am
open to see what others thinking first before I establish my own view
permanently and start defending it. That's why I am here.  About my views no
body told me about the theories. My teachers were giving me just the rules.
But I questioned  to my self  "all this must have a good reason" and I my
opinions evolved by reading from here and there.

                        Of course not all patents or inventions serve to
public. Many of the protected IP that makes money kills the moral issues
especially in younger generations. If %20  of the patents is good for public
and its inventors, that's better than nothing. If you have problem with the
patent oppose to it, system gives you room for that.( I know you of course
know that)

                        I want to see the point about you folks saying "no
swpat". Are you saying there could be no invention made in sw that has
inventive step and novelty. How are you going to reward the inventor and how
are you going to protect inventors rights?. I remember Stac vs. MS story for
DOS 6.2. Without Stack's patent they would be history by now. But they were
able to get $270*10^6 from Mr. Gates because of Stack's patent on their SW. 

                        I  can see you could be un happy with current Pat.
system doesn't meet your needs on SW and needs to be updated, that's fine.
But "No swpat" I am not ready to buy that yet. In simple terms what's the
point?

                        I wish BT good luck with the efforts toward
collecting their royalties for use of URL. With the money they get may be
they can get the money to develop the "interGALACTICnet" ®  :-)

                        Regards,
                        Volkan Yuksel


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> Le Mardi 20 Août 2002 10:15, Volkan Yüksel (ARGE-VESTMAN) a écrit :
> 
> > I have been in IP business in about a year and I would like to share
> with
> > you what I figured out so far.
> 
> After reading what comes next, I'll give you some advises you will not
> follow.
> 
> 1 - Read what Pilch Says. I learn about sotfware since more than 20 years,
> 
> read his posts since 2-3 years and still learn from what he says. I'm more
> 
> technical, he is more juridical.
> 
> 2 - Try to think by yourself. No offense here. You certainly had good
> teachers 
> who taught you some splendid theories. They were right and these theories 
> works, given you're put in the right conditions. These conditions were in
> the 
> premisces of your courses, which you passed as evidences. THEY ARE NOT 
> EVIDENCES, they are premisces which must always be examined and
> re-examined.
> 
> 3 - Please write down a clear definition of IP. There's a twist here as I 
> certainly could not give you that definition. Many people have many 
> definitions, so after having clarified yours, you will have to confront it
> 
> with others people definitions and then enter the game.
> 
> 4 - Read a lot about patents, historically, and try to figure out why, in
> what 
> context they were adopted. How they can be benefical to society, when they
> 
> are or not. What about SWPATs. In your mail, I read some confused
> thoughts. 
> It's comprehensible as there are not many issues as tricky as this one. On
> 
> this ML, we are not talking about "new technologies like DVD", for which 
> comprehension and mastering of physical phenomena are keys to patenting,
> but 
> on the more controversed issue of logical encoding, on drawing the line 
> between idea and realisation, between mathematical, thoughts and
> invention. 
> We don't oppose "patenting as such", only to "software as such". And even 
> that is not consensus here (thanks to Greg mainly).
> 
> 5 - Try to think of invention not as "company work", but as "human work",
> and 
> then figure out what happens to an idea rich individual in a world with or
> 
> without SWPATs. The patent system was made to help inventors. Is it still 
> true ? Who makes the money ? Do you know the name of the guy who invented
> DVD 
> ? I know Vincent Cerf. I know Richard Stallmann. I know Linus Torvalds.
> They 
> are copyright owners. Do you know Windows developpers ? Do you know who 
> invented the URL from which British Telecom tries to get a worldwide tax ?
> 
> CU
> CPHIL
> 
> - -- 
> Quand on doit diriger des enfants ou des hommes,
> il faut de temps en temps commettre
> une belle injustice, bien nette, bien criante :
> c'est ça qui leur en impose le plus!
>               -- Marcel Pagnol.
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