[ILUG] Re: ILUG sends s/w patents briefing document to Irish MEPs

[Paul O'Malley]

Joseph Kiniry wrote:
[big snip]

> primary factor in giving evidence to void a patent on the basis of 
> "obviousness" is the frequency of its use in existing software 
> systems.  E.g., one would guess that every sprite-based video games of 
> the past 20 years uses the XOR method previously mentioned.  This 
> means that FOSS developers, IMO, need not be aware of each and every 
> "obvious" patent because, unintentionally, their violation of said 
> patents *supports* the case against the patent in the first place.
>
> Joe

Act 1 Scene 3
[Scene opens to Paul getting into flame proof suit]

Hi Joe,

Perhaps you would be generous enough to allow me claim that it is 
innovative to extrapolate from the last couple of lines, that you, have 
proven, without intention that, the case for any patent is flawed. After 
all once solved any problem's solution is obvious. By extension given a 
smart enough person and the right tools the most efficient answer will 
be found. All that is really going on when problems are solved or new 
situations created is the marrying of not obvious partners, and that, I 
am happy to say is very obvious.

However I digress. If you do patent software, at what cost can one 
create such a patent, or on the other hand defend such a patent. Then 
there is the case, when you come up against the large company with 
thousands of patents you must cross licence, and have your 'protected' 
work taken from you to be used by others, what good the costs you have 
incurred now? At this point the question of how do you defend your 
innovation must come into focus sharply. 

 From the above it seems we can reasonably suggest that software patents 
block progress after all that is what innovation is. Perhaps patents do 
it better than the supreme soviet ever could have wished to in the days 
of USSR.

The idea of paying somebody else for the use of an idea you have, for 
solving a problem, looks to me like a tax on thinking.  In the early 
nineties we all know that well known dumpster diver, Bill Gates said 
words to the effect "that software patents were the real threat to 
innovation".

[leg pull]
Using only the word yes, or the word no, do you agree?  The reason for 
this is to grant you a licence to reply in only one way to be valid - no 
extra argument allowed :)
[end leg pull]

Regards,

Paul O'Malley