Re: [Patents] Re: patent sharks against critics

[Jean-Baptiste Soufron <jbsoufron@free.fr>]

By the way, I can't find any information about the next meeting of the
Minister Council on 16th and 17th. Are they about to decide a new
directive? A regulation? A decision? 

Le mar, 04/05/2004 à 11:46 +0200, Bernard Lang a écrit :
> > 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/
> 
> -- 
>          Non aux Brevets Logiciels  -  No to Software Patents
>            SIGNEZ    http://petition.eurolinux.org/    SIGN
> 
> Bernard.Lang@inria.fr             ,_  /\o    \o/    Tel  +33 1 3963 5644
> http://pauillac.inria.fr/~lang/  ^^^^^^^^^^^^^^^^^  Fax  +33 1 3963 5469
>             INRIA / B.P. 105 / 78153 Le Chesnay CEDEX / France
>          Je n'exprime que mon opinion - I express only my opinion
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>