From mboxrd@z Thu Jan 1 00:00:00 1970 X-Spam-Checker-Version: SpamAssassin 3.4.4 (2020-01-24) on polar.synack.me X-Spam-Level: X-Spam-Status: No, score=-2.9 required=5.0 tests=BAYES_00,MAILING_LIST_MULTI autolearn=unavailable autolearn_force=no version=3.4.4 X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 103376,52a0bacbcdd2da17 X-Google-Attributes: gid103376,public X-Google-ArrivalTime: 2003-08-17 12:05:52 PST Path: archiver1.google.com!news1.google.com!newsfeed.stanford.edu!nntp.cs.ubc.ca!freenix!enst.fr!not-for-mail From: "Robert C. Leif" Newsgroups: comp.lang.ada Subject: RE: Software Patent Concerns => New Black Markets? Date: Sun, 17 Aug 2003 12:04:49 -0700 Organization: ENST, France Message-ID: NNTP-Posting-Host: marvin.enst.fr Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit X-Trace: avanie.enst.fr 1061147151 37584 137.194.161.2 (17 Aug 2003 19:05:51 GMT) X-Complaints-To: usenet@enst.fr NNTP-Posting-Date: Sun, 17 Aug 2003 19:05:51 +0000 (UTC) To: "'Warren W. Gay VE3WWG'" , Return-Path: X-Envelope-From: rleif@rleif.com X-Mailer: Microsoft Office Outlook, Build 11.0.5329 Thread-Index: AcNk0Ly7iSdCTJTLSs+OlyS7NPTlnwAHIa4A In-Reply-To: <8hz%a.3754$q9.203932@read1.cgocable.net> X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1165 X-BeenThere: comp.lang.ada@ada.eu.org X-Mailman-Version: 2.1.2 Precedence: list List-Id: comp.lang.ada mail to news gateway List-Unsubscribe: , List-Post: List-Help: List-Subscribe: , Xref: archiver1.google.com comp.lang.ada:41649 Date: 2003-08-17T12:04:49-07:00 The US patent law permits a prior art defense. Thus, if you are correct, the expert witnesses should do very well. In the US, an inventor swears to the correctness of his/her patent application. If a deliberate falsehood is included in an application, in principle, perjury charges can be brought. Unfortunately, this tactic does not seem to be used. However, it would serve as a strong deterrent to prevent the abuses that you and others have described. I would favor changes to the patent law that would require mandatory licensing for truly generic patents. I might note to those of you who are members of the European Economic Community, that the sum of your individual national patent costs is much greater than that of the US. Thus, both your own and the US inventors are being ripped off. Bob Leif Robert C. Leif, Ph.D. Email rleif@rleif.com -----Original Message----- From: Warren W. Gay VE3WWG [mailto:ve3wwg@cogeco.ca] Sent: Saturday, August 16, 2003 4:34 PM To: comp.lang.ada@ada.eu.org Subject: Re: Software Patent Concerns => New Black Markets? "Ludovic Brenta" wrote in message news:m3wuddwt2n.fsf@insalien.org... > Marin David Condic writes: > > Suppose I wrote "Marin's OS" and it started becoming enormously > > popular. Bill gates comes around and wants to buy it from me and I > > don't want Microsoft to crush it. I say "O.K. You can buy it for > > Thirty Seven Trillion Dollars and you have to kiss my ass on PBS > > during their fund raisers for the next 5 years." You think he'd get > > the message? :-) I like your thinking here! 8-) > 2) Sue *you* for patent infringement, over one of their 18,459 > software patents (though probably not the one that covers the "use > of the colour blue in a screen that warns the user about a fatal > condition that caused the operating system to become inoperative"). > You'd have no option but to give them your source code, for free, > _and_ under NDA, so that no-one else will benefit from it. I find the software patents trend to be a very disturbing one. The patent system will soon be so tied up that you will no longer be able to sell anything without infringing upon someone's patented rights. Of course they won't bother you while you're struggling to get established. They'll sue you only after you have "made it", or will sue you to put you out of business. What is even MORE disturbing, is that you soon won't be able to distribute or share software either, without infringing upon some patented software process. Imagine that you discover some very efficient way to produce thumbnails of images, and you post and/or give the code away. You then get sued for patent infringement on somebody's patented method that you discovered independently! If this goes its full course, there'll be few software development companies in the business, and less software sharing. Geeks will be forced back into a "black market", by the greed of those taking advantage of the "law". Is it any wonder that there are caustic lawyer jokes? -- Warren W. Gay VE3WWG http://home.cogeco.ca/~ve3wwg