Re: [Fwd: Software patent protest, could kde participate ?]

Rob Kaper <cap () capsi ! com> wrote:
> Copyright: good. If limited in duration.

I don't think so.  The big mistake is the copyright of the binary code.

> Trade secrets: good. It just means you don't disclose what you're doing, but
> there's no protection in it for you.

It appears to offer very good protection to MicroSoft. :-)

> Patents: in theory a good thing, the problem is not so much the patent
> system but the complete incompetent manner of handling requests and checking
> validity, prior art and the likes.

People seem to be getting patents on ideas.  You are NOT supposed to be 
able to patent an idea -- you can patent the METHOD to realize the idea.

The abuses must stop!  But, this isn't any different with software vs. 
hardware  Remember the nut-case that claimed that he invented the 
microprocessor and even had a patent?

My thought is ...

But first I must digress to explain that in the US there are different 
types of patents.  Suppose that I "invent" a chair (actually I have 
invented a table but have no patent yet).  In very rare cases there might 
be something that would qualify for a regular patent.  But, in most cases, 
I have just made a different looking chair and all I can get is a *design* 
patent.

  ... that software should only qualify for a design patent.  And this 
combined with not permitting a copyright on the binary code would have 
great benefits.

WHY? you ask.  Because when you patent something you MUST disclose it -- 
something everyone seems to have forgotten about.  So, if you want to 
protect your code, you need to get a design patent and to do that, you must 
file a copy of the source code with the PTO.

If that was the case, MicroSoft would have had to file copies of its source 
code with the PTO and all anyone would need to do would be to download it 
on the web.  Yes, if you couldn't implement it differently, or if they had 
a regular patent, you would have to get a license and pay them a royalty. 
But in their case, this would be regulated by the court.

Contrast this with the current case where they want $50K up front before 
you can look at their code.

So, IMHO, patents are not the problem, the problem lies in the need for 
proper regulation of them.

--
JRT



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