Re: [Patents] gnu & patents

[Simo Sorce <simo.sorce@xsec.it>]

On Sun, 2003-05-04 at 05:36, Gregory Aharonian wrote:
> >Would the software patents be legalised in the EU, there will be
> >two alternatives for any good programmer:
> >1. to violate the patents openly, as a mean of 'civil disobedience'
> >2. to violate the patents after going underground first.
> 
> In Europe, unless you are making a lots of and lots of profits with
> your software, and unless the patent is good, no one is going come
> after you with their software patent.  Loser-pays is a very good
> deterrent to people asserting stupid software patents.

How so?

How can you say such a big falsity?

Do you realize that the cost are paid _after_ the judice, or are you
kidding with us?

Can you show me numbers of how much a legal defense cost, even with a
trivial patent?

Can you tell me how I am supposed to maintain my legal defense on a
cause that last _years_ (yes there are countries where process are not
fast) ??

And just remeber that while the case is up, you have probably a previous
investment blocked by this cause too, and you cannot profit from it.

You are asking for little companies to go bankrupt.

> Since there are few software patents that are good for applications that
> are making lots and lots of money in Europe, few of you have anything
> to worry about.  No need to go underground, and extremely unimpressive
> to openly violate the patent.

No need to underground? A free software company is even more targeted as
the source code can be scrutinized to look if there is any code that
resembles a patent, that mean legal push to go closed source ... and
that's not acceptable for many of us, even if it is the last of the
problems.

> Indeed, do some calculations. EPO has already issued lots of software
> patents.

Which are simply not valid. EPO have conceded them as a way to force
them into EU, and to force the patent reform they are pushing.

> What ones have been asserted against individuals and/or
> SMEs, and successfully asserted?

As you seem somebody already replied with links, and many others we will
never know, as you are not required to tell everyone you are going to
crush people or other companies, and the affected parties aren't either.

> The same question at the national level.
> And assuming you calculate these statistics, calculate the statistics
> for other industries such electronics in general, or biotech.

Makes no sense at all to compare apple with oranges ...
you cannot have individuals that work alone on biotech or electronics in
general ... and not even SMEs, the SME you refer to are really SME only
in the name, but generally pushed by big capitals and big companies
hides behind them.

Simo

-- 
Simo Sorce - simo.sorce@xsec.it
Xsec s.r.l. - http://www.xsec.it
via Durando 10 Ed. G - 20158 - Milano
mobile: +39 329 328 7702
tel. +39 02 2399 7130 - fax: +39 02 700 442 399

Attachment: signature.asc
Description: This is a digitally signed message part