For those of you in Europe at least, I would suggest you look at the links in the email I have posted from Hartmut Pilch below. I was honoured to be asked to share a podium recently in Brussels with such dignitaries as Richard Stallman, Mozelle Thompson (a US Federal Trade Commisioner), the MDs of such companies as MySQL and Opera etc to speak about the problems we have had with software patents in standardisation, and the attack on the JPEG standard 15 years after we did the work. The meeting was organised by the Green Alliance and the Libdems, and it was self-evident that the UK was a leading force in the push to align with US and Japan in making software patents as much of a minefield for the SME in Europe as they are in Japan and the US. I chair the UK's committee standardising multimedia and we spend more time now discussing the software patent situation than we do standardising - and many of us despair of the practicability of creating standards in an environment where you simply cannot know where the next ambush comes from, and you are told that only a court of law, and hence lawyers (and outlandish expense) can determine such issues as validity and infringement.

A UK Euro MP, Arlene McCarthy is preparing the groundwork here, and you can read her views in the links given below, where, at least in my humble opinion, she is completely misrepresenting the dangers and likely effects on this (almost certain) change to the legislation that she is spearheading. We need those of you in the UK to write to your MPs (and MEPs), and the rest of you in Europe to be active in at least letting your politicians know your views. Otherwise like Tim and I you will spend more time studying patents and patent law (probably fruitlessly) than you do developing....
From a depressed but sunny south of England..


Richard Clark: [EMAIL PROTECTED]
Elysium Ltd, Crowborough, UK - JPEG Editor and WebMaster
'Let standard-authors, thus, like trophies borne - The Dunciad
Appear more glorious as more hacked and torn' ;<{) - Alexander Pope (1688-1744)


Attachment and links follows..
Hello,

Alex Macfie is operating the [EMAIL PROTECTED] mailing list, which
may be quite useful at the moment.  One can subscribe via

        http://www.ffii.org.uk/
        http://ffii.org.uk/mailman/listinfo/ffii-uk_ffii.org.uk

I have been supplying it with letters such as the following, for which
it seems most appropriate.

----

Dear Mrs Wallis,

You can find the case against the McCarthy/Harbour line argued in very
short and polite form in the attachment.  Maybe it can be useful for you
as a way of drawing colleagues' attention to the dangers of following the
McCarthy line without questioning.

In a recent exchange in the Guardian

 http://www.guardian.co.uk/online/story/0,3605,970294,00.html
 http://www.guardian.co.uk/online/story/0,3605,975126,00.html

Mrs McCarthy reiterated her misleading statements along with insinuations
about free/opensource software in the style of the Microsoft FUD
department.  At least she replied for once, which is already a progress.

I am still waiting for an answer to the questions which Xavier Drudis
Ferran and I sent to Arlene McCarthy (whether the runlength coding
algorithm claim and the network sales system claim, as granted by the EPO,
are excluded, as Mrs McCarthy seems to say is her intention, or
patentable, as she implies by other statements).  The public letters are
documented at the top of our

 Software Patent News Page
 http://swpat.ffii.org/index.en.html

Many people would be very grateful if you could find a way to initiate a
dialog and make Mrs. McCarthy face the questions which she is evading. One
very simple way would be to directly refer to one of the public letters
and raise a few questions of your own, perhaps confirming that some of our
questions are worthwhile to ask.  You were in the CC of the letters, so
it would be very natural for you to reply.

What do you think?

Yours sincerely

--
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-18979927
Protecting Innovation against Patent Inflation      http://swpat.ffii.org/
145,000 votes 400 firms against software patents     http://noepatents.org/


----------


The attachment to this letter can be found at

http://www.ffii.org/proj/kunst/swpat/pamflet/europarl03.pdf

Btw, it is important that a few people from UK come to attend the decisive
JURI meetings on monday and tuesday.  Libdems and other politicians
who may be dodging their constituents need to feel observed.  The
meetings are public, and we are also getting journalists there.

The t-shirt "PATENT inflation is not a victimless CRIME" is also
available in BXL by monday.  It is a reference to a t-shirt worn by
McCarthy to spearhead the IFPI.org campaign for IP enforcement, called
"Piracy is not a victimless Crime".

--
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-18979927
Protecting Innovation against Patent Inflation      http://swpat.ffii.org/
145,000 votes 400 firms against software patents     http://noepatents.org/


At 21:27 14/06/2003 -0400, Smith, Todd wrote:
Hello Tim,

If you notice this is the same patents that Timeline successfully sued
Microsoft over concerning SQL Server 7.0.  It seems that the cost-effective
license that Microsoft licensed from Timeline for the inclusion of OLAP
technology didn't include end-user third-party usage.

Software patents are a extremely bad idea and should be soundly
discouraged..

Todd Smith <[EMAIL PROTECTED]>

-----Original Message-----
From: Tim Churches [mailto:[EMAIL PROTECTED]
Sent: Saturday, June 14, 2003 8:41 PM
To: openhealth-list @ minoru-development . com
Subject: The evils of software patents


Apropos the recent thread on this list about federated vs consolidated EHRs, and the related discussion of the need to restructure transactional data into forms better suited to aggregate analysis, reporting and other decision-support activities, it is worth having a look at the item under the heading "21st February 2003" at this page on the excellent Software Patents site: http://www.softwarepatent What a world on waste press release about their patent and be amazed.s.co.uk/now/victims.html

It refers to a press release about patents held by Timeline Inc at
http://www.tmln.com/press.htm - prepare to be amazed at the sheer bread
of their patent claims - I was flabberghasted! Now I have to spend hours
reading the relevant patents (and probably failing to reach any
conclusion as a result) to determine whether the (to be open sourced)
code on which I am now working, which aims at making aggregate analysis
of health data faster and easier, will infringe these patents.
Increasingly often, I despair...

--

Tim C

PGP/GnuPG Key 1024D/EAF993D0 available from keyservers everywhere
or at http://members.optushome.com.au/tchur/pubkey.asc
Key fingerprint = 8C22 BF76 33BA B3B5 1D5B  EB37 7891 46A9 EAF9 93D0



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