Re: [Patents] Re: patent sharks against critics

[Bernard Lang <Bernard.Lang@inria.fr>]

> Patents are about use.

well ...no longer with the new formulation of the directive.

Since software on a carrier can be claimed regarding infringement, the
Council is innovating.  Description of use, which is what software is,
can also be an infringement.
  Actually, reproducing the patent itself could be an infringement, if
the description includes a program that makes use of the patented
technique (which is what some people believe software patenting is
about).

Bernard


On Tue, May 04, 2004 at 11:37:37AM +0200, Hartmut Pilch wrote:
> > > Europe Shareware received a letter from law firm Jenkens & Gilchrist 
> > > where they ask them to buy a license for the US 4,698,672 patent of 
> > > Compression Labs (the JPEG patent).
> > 
> > Hum... this is something I'm not sure I understand...
> > 
> > If I buy a (commercial) software (regardless of proprietary vs. free
> > issues please) and that software enables me to generate JPEG images (or
> > MPEG movies or anything covered by a patent... ); do I, as a USER and a
> > legitimate customer of the company still have get a license for the
> > patent?
> 
> Yes.
> Patents are about use.
> A user must make sure that his supplier takes the responsibility for all 
> claims.
> This can be done through a standard contract.
> Europe Shareware presumably offers such a contract to shareware users and 
> thereby assumes responsibility for patent infringments.
> They might either act as a clearing house for patent liabilities or pass 
> the responsibility on to the shareware authors.  
> In both cases the burden is very high.
> It is probably enterpreneurially irresponsible to continue going on doing
> business under these circumstances.
> 
> -- 
> Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-18979927
> Protecting Innovation against Patent Inflation             
> http://swpat.ffii.org/
> 320,000 votes 2000 firms against software patents    http://noepatents.org/

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