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Hi all,

as a representative of an SME based in Malta who spends quite a lot of money 
and time on pure R&D (Maltalinks is probably one of the only -- if not the only 
-- such companies in Malta) I have mixed feelings about software patents.

On one hand (the negative one), patents can stifle innovation by increasing the 
cost of development, and patent offices sometimes give non-sensical/too broad 
patents to companies. This applies more to business method patents rather than 
software ones (like the 1-click). To be fair to courts, Amazon's 1-click patent 
for ex. has always almost lost in court whenever Amazon tried to enforce the 
patent -- i.e. having a patent does not mean much as long as it is not easily 
defensible in court.

On the other hand, patents actually BENEFIT SMEs -- since a small company with 
a patent in hand can extract money much more easily from a larger one rather 
than the other way round. A case in point is Eolas vs. Microsoft. 

Also, if I spend money developing new technology, why should not I get my 
money+profit back for it? And be protected by legal means? Copyright does not 
provide adequate protection for software and this is also the view of both the 
US and the EU.

The last point is that companies who are championing open source, like IBM, 
have found ways of reconciling open source with patents in a fair manner (more 
or less it goes like: patent R&D and charge only for advanced technology that 
can be offered as a premium add-on to basic functionality offered as open 
source).

So patents can be seen either as a source of evil or a blessing -- depending 
upon the attitude.

I would be interested to know the opinion of people on this list.

Regards,

Angelo Dalli

CEO, Maltalinks Ltd.

http://www.maltalinks.com
 




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