[SC.LUG] Patents [was RE: America]

[Richard Smedley]

On Wed, 2003-08-20 at 15:36, Matthew Tolley wrote: 
> Historically, people patent something, THEN make money from their
> invention - a really great example being Microsoft. DOS was patented when
> Bill Gates et al had no money, so I don't see how you can claim patents are
> only produced by people with money. 

DOS wasn't patented by MS after they bought
it (and they did have enough credit to buy
it outright). Like all software it is protected
by copyright, and with this protection it was
licensed to IBM for their shiny new PC.

Incidentally, MS hold a number of patents,
but use them mostly for defensive purposes.
It is only in the very recent past that they
have started using them to suppport their
monopoly position.

> It's thanks to patents that we have
> electricity (courtesy of Thomas Edison, who was broke at the time). I'll
> check out the links but I'm deeply unconvinced so far.

Regardless of the rights and wrongs of patents as
applied to inventions in the traditional sphere
of the physical world, software resides in a 
separate category.

Software is immensely complex - it is possible 
for one programmer to generate a million lines
of code for a program. This code will cover
/hundreds/ of algorithms, most (or all) of
which are obvious in some way. 

If each algorith is patented, the software cannot
be produced, regardless of how innovative the
/implementation/ of the algorithms is in the
new program. Only companies the size of IBM
- who hold thousands of software patents in the US 
and Japan - have the muscle to force other patent
holders into cross-licensing deals (worth 
/billions/ of dollars each year to IBM). Small
companies and individuals stand no chance.

Software (FLOSS or proprietary) is more than
adequately protected by copyright - applied 
over virtually the whole world, under the 
Berne convention. Patents for software have
no advantage, and will have a disastrous
effect on software development in Europe.

:-(

Has anyone had any joy in communicating
with their MEP on this?

 - Richard

-- 
Richard Smedley
Production Editor, LinuxUser & Developer
 
T: +44 (0)1625 855084, F: +44 (0)1625 855071
richard.smedley@linuxuser.co.uk

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