Re: Ada syntax patents

[Martin Krischik <martin@krischik.com>]

rien wrote:

> Georg Bauhaus wrote:
>> about compiling the BASIC IsNot operator, Patent Application
> 20040230959.

> consider for example the ability to declare a task in Ada to do some
> concurrent execution: there is no patent on it and we use it in Ada
> since 1983. if someone decide to patent this kind of construct, can we
> legally break the patent on the fact that they have not invented
> anything and it has been in use long before they tried to patent it ?
> if it is still patented, will it prevent us from using this construct
> in our softwares (rendering Ada far less powerful) ? how could they
> ensure we are not under the term of such a patent ?

Yes it is called "prior art". The problem is that such a patent may be
granted and the Ada compiler vendors whould need to go to court to proof
"prior art".

The real problem of such patens is that most smaller companies will go
bancrupt over such court cases.

Her in Germany we have the classic example of the German Telecom using a
pink serif 'T' as logo sueing everybody which also uses a 'T' (even when
black and san-serif). If the Telecom looses they just go to next higher
court. One company needed donation for fund raising to affort the court
cases and in the end they had to settle otu of court.

If court cases where not so expensive those patent laws where not realy a
problem. It is the combination which make the problem so explosive.

Especialy when you think Microsoft and they enourmous amound of cash.

Martin
-- 
mailto://krischik@users.sourceforge.net
Ada programming at: http://ada.krischik.com