Re: Software Patent Concerns => New Black Markets?

["Warren W. Gay VE3WWG" <ve3wwg@cogeco.ca>]

"Robert C. Leif" <rleif@rleif.com> wrote in message news:mailman.21.1061147150.299.comp.lang.ada@ada.eu.org...
> 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.

The fact that independently developed software can wind up in a
patent dispute, is all by itself very much a concern to me. In a
business with capital investment, this is a drain and
inconvenience (perhaps a serious one).

But for the free software developer, this is a complete nightmare. So
even if there is a "defence", it is one that comes at a great cost.

The net effect will be that free software developers will either
start to contribute anonymously, or will work around the legal
system (at least once the infringement is discovered). The path
of least resistance will be not to bother at all, since the
perceived risk will be too much. This too me is the greatest
crime of all possible outcomes.

The other issue at stake here is when the patent office (on any
continent), allows a wide ranging patent to be granted. Look at
the ones that have been in the news, ranging from web links to
1-click shopping. Currently small e-shops are caving in and paying
the blackmail, since it is cheaper than going to court.

This really bites my friends!

> 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.

These types of deterents only work when the expense and hassle
of going to court are undertaken. Even then, I'd have to question
the practicality of making certain charges (you need strong proof,
which is not always possible).

> I would favor changes to the patent law that would require mandatory
> licensing for truly generic patents.

I'm not sure I understand this. How does this help? If you're talking
about a maintenance fee for held patents, this only keeps out a few
small fish. This doesn't stop the large corporations.

> 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

-- 
Warren W. Gay VE3WWG
http://home.cogeco.ca/~ve3wwg