Subject: Re: patent trolls and X-licensors
From: Santiago Gala <>
Date: Fri, 09 Jun 2006 09:54:08 +0200
Fri, 09 Jun 2006 09:54:08 +0200
El jue, 08-06-2006 a las 11:15 -0400, Taran Rampersad escribió:


> > Unfortunately today that's what the PTO, EPO and JPO allow around
> the
> > world, but we are actually criticizing these organisms in the first
> > place, as they are responsible of the fast dropping in quality and
> > usefulness of patents and introduction of patents on abstract fields
> > like software or business methods.
> >   
> True. But lawyers like precedents. Courts like precedents. So the
> only 
> changes that can be made to defend a view that perhaps everyone here 
> agrees on is... a withering defense. Or radical change, which doesn't 
> even have to be radical. Lessig pointed out sovereignty, and that 
> nations could exercise it. But then you get into GATT and TRIPS 
> agreements. When we discuss software patents, people narrow the field
> of 
> discussion to software patents and try to defend innovation and 
> creativity. But it's a bit larger than that...
That is why we Europeans fight hard to avoid "radical change". Don't
forget that most European laws don't allow software or business method
patents, even if the EPO is awarding them. In fact, there have been a
few cases where such patents have been deemed inapplicable by different
countries Courts.

Santiago Gala <>
High Sierra Technology, SLU

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