Which may be why MS appears so eager to get software patents into Europe.
The USPTO has granted MS over 5000 software patents now on all kinds of
common methods and heuristics including XML serialization. That, in
effect, outlaws all non-MS software, beit closed source or open source.
MS has known it can't compete on technical merits, thus used pricing and
bundling. Now it can't necessarily rely on either of those and has been
lobbying to make competitors illegal.
Sw patents make it possible to block competitors with litigation and/or
royalty fees. Europe is the last(?) holdout. Australia, the Americas,
and Asia have all had the issue piggybacked onto 'free trade' agreements.
Though the European Patent Convention [1] prohibits patents on sw and
business methods, the European Patent Office is still granting them. The
issue is still open while it is granting patents on things otherwise not
patentable in Europe. Right now, through March 31, the European Commission
is soliciting input[2] on how the patent system in Europe can be changed:
http://europa.eu.int/comm/internal_market/indprop/patent/consultation_en.htm
"The consultation focuses on three major issues: the
Community patent; how the current patent system in Europe
could be improved; and possible areas for harmonisation."
Both the topics 'Community patent' and 'harmonization' have already been
used in attempts to bring sw patents to Europe.
The middle part will in all likelihood also serve as an invitation for
pro-sw patent lobbies to bring up the topic. If only their voice is
heard, then the outcome of any decisions based on that input is not likely
to be useful to anyone except MS and a handful of other multi-nationals.
Make sure you, your employer, and trade association make themselves heard
on this issue as long as it is on the table. As patents affect *use*
developers will be the smallest group affected, regular businesses using
computers will feel the brunt.
-Lars
[1] http://www.european-patent-office.org/legal/epc/e/ar52.html#A52
[2]
http://europa.eu.int/comm/internal_market/indprop/patent/consultation_en.htm
Lars Nooden ([EMAIL PROTECTED])
Keep the market open by keeping software patents out:
http://europa.eu.int/comm/internal_market/indprop/patent/consultation_en.htm
On Wed, 8 Mar 2006, Jack Gates wrote:
On Tuesday 07 March 2006 23:09, Jim Wagner wrote:
After all, it'll be awful hard to force OpenOffice into bankruptcy, or
for MS to buy it out.
This is exactly what is making MS nervous, because it can't bankrupt or buy
out the competition. This is the stand procedure of any big powerful
business. If you can't do either and the other guy has a better product
eventually it will take the big guy down, maybe not all the way but it will
disrupt the status quo.
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