At 10:51 AM 04/11/2002 -0700, Tim May wrote:
>No, we have AC because AC works better than DC in home wiring situations.

Most of the telco business runs on 48V DC, and much of the
"off-the-grid" solar energy electric applications run fine on 12V DC.
The big advantages of AC are for motors.

>And the issue of patents on software is a _metering_ problem.

Software patents have major problems with interfering with
authors by forcing them to identify relevant patents.
Even if the patent office actually had examiners skilled in the field
who had real understanding of prior art and didn't approve
bogus patents right and left, it's still impractical for the average
software author to wade through 5 million patents before writing a product,
especially since patents are deliberately written in patentese,
to maximize the potential scope of their claims while minimizing the
amount of actual information revealed in the patent.
You can't spend years of work just trying to tell if your latest
variation on an XOR cursor has already been patented,
especially if you're an amateur rather than a business.

There are obviously patents that are well-known, well-publicized,
and relatively clear in what they're covering, like RSA and Diffie-Hellman,
and the "metering problem" of how to pay for licensing was
quite serious for some of them (even for patents whose owners
didn't threaten to run you over in the parking lot :-)
and no problem for others (Tim's examples with microprocessors.)

But it's the patents that you didn't know when writing your application
about that can really cause you trouble -
some things like RSA are novel and hard to discover,
so if you're using them, you heard about them from the patent-holders,
but some like "automatically encrypt a filesystem" are likely to be reinvented,
and if you put your product out in the field and *then* find that
somebody else has a patent on it (or was in the process of applying for
the patent when you were doing your development) then they've got you
by the kneecaps.   In theory you can contest a patent that was
awarded for something that would be obvious to a skilled practitioner,
in addition to contesting patents on things that were prior art,
but a serious product may have dozens of critical features any one of which
could kill you, and if any of them was for something that's obvious enough
that you discovered it independently, you're in trouble.

In the current system, of course, it's much worse, because the
incompetence of the patent office means that they can't tell something that's
obvious to a skilled practitioner from something that's obvious to
an unskilled practitioner or only obvious to a few experts,
and their willingness to accept "business method" patents
means that there are all sorts of bogus patents on things like
"make money by putting catalogs on line and accepting credit cards"
or "do common-practice-X using *the Internet*" as well as
bogus patents on actual technology.

Reply via email to