Ca demenage, tres complet et c'est ecrit par un juriste. Une reference. Laurent
http://www.groklaw.net/article.php?story=20060115145429444 << Quietly Tying Down Gulliver - The SW Patent Fairy Tale ~ by Cristian Miceli [...] Why this article? Put simply, the clouded and subjective debate over the CII Directive and software patents is detrimental both for IT lawyers and the IT industry. [...] I do not work nor have any financial interest in an open source software company nor am I getting paid, whether directly or indirectly, for writing this article or for expressing a particular view point. In fact, rather than standing to gain financially by encouraging the reader to adopt the views that I am espousing, I am more likely to have put a damper on any prospect of having a lucrative in-house position overlooking the M4 motorway (perhaps a good thing). If we are to see through the smog of disinformation, we first need to explore the key myths that have been put up in our way to obscure our vision. [...] The bottom line for IT lawyers Software patents will only advantage a small group of the largest (and in the minority) IT companies. As IT lawyers, how many of us can say that we have such clients on our books? The bread and butter for IT lawyers are IT SMEs –- for such clients, patents are not the solution but the problem. The legitimisation of software patents across Europe would make patent agents better off, as well as certain IP lawyers. However, the long-term picture is very different. Software patents increase the barriers for new entrants, your future client base, and potentially the next Microsoft or Apple (neither would have been able to grow so impressively if a patent rich environment had existed in the early 80s). Furthermore, they put at risk the very well-being and profitability of your existing clients. Patent litigation is extremely expensive. Dealing with patents takes away time from creating innovative applications that generate revenue . With fewer innovative products, the full creative potential of a client may not be realised and if its growth is hindered through lack of innovation or if they are ruined through patent litigation, you are likely to miss out on the long-term benefit of a consistent and, potentially increasing, revenue stream. What is worse is that the effect of patents is to lead to a grouping of ideas with an ever decreasing pool of companies resulting in a move towards monopolisation and fewer but bigger IT companies (which means less clients to go round). Finally, as a consumer of software (which all law firms are), IT costs are likely to increase through less choice, less innovation and less competition and potentially higher prices. Food for thought? [...] >> _______________________________________________ Liste de discussion FSF France. http://lists.gnu.org/mailman/listinfo/fsfe-france
