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On Wed, 25 Aug 1999, Frankie Fisher wrote:

> In my opinion, the US laws regarding software patents are wrong. The
> patent laws (as I understand them, and I am not an expert) vastly
> favour companies.

I'd have to agree with you there...

> He cannot afford to fight a (potentially long) battle in the courts,
> let alone afford to conduct a `prior art' search; nor can he afford to
> register any software patents in his own name (in order that he may
> have a bargaining point, and cross-license / counter sue the company),
> because the cost is quite high compared to one man's expendible
> income.

That's not just a problem with patents. Some companies will sue for
"trademark infringement" or even "trademark dillution" (which AFIAC means
nothing) to shut up critics. Most people just take down the criticism
rather than spend tons of money on a lawyer...

> This is perhaps more a flaw in capitalism, and the western legal
> system, but overall it involves freedom and power being taken off the
> individual and into then hands of those who already have power (such
> as companies/etc).
> 
> Also I am led to believe (again by the likes of RMS and slashdot) that
> a lot of US software patents are handed out without proper searches
> being carried out. This means that a lot of bogus patents are
> currently held, and the expense to sort this out in the courts will
> ultimately have to come out of the pockets of individual programmers,
> because otherwise they are the ones who will lose out.

Don't forget that companies get patents on the stupidest things... For
anyone who doesn't already know, read the /. articles about insane
patents. http://slashdot.org/articles/99/07/14/1846204_F.shtml and
http://slashdot.org/articles/980821/1429203.shtml are good for starters.

> At the moment, the US government/business lobby is pressuring the
> European patent rules to be changed to allow software patents
> USA-style (currently they only allow patents on software and hardware
> working together or something).

i sincerely hope they don't succeed. Maybe we should get together a
petition to end all this US patent nonsense? Not that it'd actually work,
unless Debian wants to kick in the money they get from all those
spammers ;)


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