Re: [Patents] IBM Patent release

[Magosányi Árpád <mag@bunuel.tii.matav.hu>]

A levelezőm azt hiszi, hogy Jonas Maebe a következőeket írta:
> >I am also curious whethere there are any that could be any of these 
> >patents related to W3C standards or other so called open standards?
> 
> That is quite possible.

There are a lot of patents in the "Networking and Netork Management"
section which -judged from their title- are actually describing methods
used in network protocols. If they have any usefulness, then they would
effectively prohibit developers from implementing interoperable
implementations. I do not have the resources to figure out whether
they correspond to actual w3c standards.

The swpat directive claims in its recitals that it wants to maintain
interoperability. But the directive fails to give any rule in its
normative part to actually reach this goal. The reference to the
copyright directive's interoperability part is a legally uninterpretable
expression at best: the copyright directive says that the exception
is granted for the purpose of figuring out how the stuff works.
In theory, the patent description in itself should have suffice
to give the details (in practice in a lot of cases it is too broad).
Well, I know how the stuff works. But I am still not entitled to
actually implement it. And lawyers will argue that I cannot have
a right to do so without paying fees, because TRIPS is clear in
that sense. The only problem is that these things should not have
been patentable in the first step, because they do not belong to
the field of technology.

So we have been granted some patents which are invalid now in europe
and should be kept invalid.

When American aborigines received glass balls from european people,
these at least had some value to them. Now these patents are utterly
valueless for both sides, and should remain so.

-- 
GNU GPL: csak tiszta forrásból