These are the minutes of the discussion that occured between the members of
ILUGD and Peter Jaszi. The discussion centered around patents and how they have
affected the software companies in USA.

- Most patents have not been tested in the court of law.  The defendent usually
does not have enough  resources to contest patents.   Most small companies do
not contest the patents cases.

- The problem is not patents but bad patents

- Copyright is not a big hindrace to innovation.  Most companies are using
copyrght laws to fight piracy

- Even a well funded, large patent office will not be able to screen out bad
patents

What one can do or what people are trying to do fight patents
-------------------------------------------------------------

- Develop prior art database, which is queryable.  This will provide a low cost
solution which companies can search when they are threatened by patent-cases
from larger companies.  This effort should be a global effort.  Peter has
suggested that he will put the concerned persons from this side to the people
in who are working in ths area.

- Many patent systems have a review process where they allow the public to
review the patents have been issued.  EFF has identified patents
http://eff.org/patent/ which they are trying to challenge in the court.  Ths
method also publicizes about the issue of bad patents and how the common man is
affected by these issues

- India can have a watchdog organization which keeps an eye on the software
patents that have been issued and then try to review them or challenge them.

- However these steps are defensive methods of fighting patents.

Next Steps for fighting patents
---------------------------------

- Peter will put the EFF people in touch with the people here who are working in
this field.

- Start a Prior art database in software

- Make a popular movement around these topics and get people involved in these
topics.  They were not able to prevent DMCA being passed in USA.  The main
reason they failed was that they could not get the ordinary people involved in
this.  Most of those opposing DMCA were lawyers/programmers and the
intellectual crowd.

- Show that patents are a method to capture power by a small number of big
american companies.

- Patents are a method to potray scracity in the "commons". However the tragedy
of commons (http://members.aol.com/trajcom/private/trajcom.htm) do not apply to
the field of ideas and  information .  This has been confirmed by the
experience of the FLOSS community.

-  A argument has to be devised against "Software Patents are needed for robust
software industry"


Regards
Raj Shekhar


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