On Tue, Aug 24, 1999 at 05:42:30PM -0700, Brian Kidder wrote: > Frankie Fisher <[EMAIL PROTECTED]> writes: > > > I think this means that it would be legal to write a software only decoder > > in the UK and (some of) Europe. It would, however, be illegal to use it in > > US, cos of it's shortsighted, biased and unfair patent laws.
Sorry. That was probably a little bit harsh, and thoughtless.
>
>
> Not being very familiar with the UK's patent system, I'm curious:
> What about the US patent system do you find objectionable?
>
> -Brian Kidder
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.
If an American programmer writes a program, and it happens to infringe some
software patent (which, according to the likes of RMS and slashdot, are handed
out willy-nilly with few checks to ensure that they are valid), then he may be
forced to stop using this program, or sued, or forced to pay royalties on an
algorithm which he (as well as the company) invented. Part of the nature of
programming is coming up with new solutions to (new) problems.
What I particularly dislike (about my perceived view of the American patent
system) is that this programmer may or may not be within the law in his use
of the patented code, but the chances are there is nothing he can do but
comply with whatever the large company wishes.
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.
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.
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).
To software patents as M$ et al. want them, I say: begone.
frankie
P.S. significant portions of this may be {bigoted,wrong,misinformed,\
ill-judged,communist,"so true that you have to go out and do something about
it"} for which I accept no responsibility.
P.P.S. Blame RMS+slashdot+linux press for spreading FUD if I am wrong.
--
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> Frankie Fisher | <
> frankie @ | Drum'n'Bass tunes and samples. <
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