Subject: Re: patent trolls and X-licensors
From: "Stephen J. Turnbull" <turnbull@sk.tsukuba.ac.jp>
Date: Sat, 03 Jun 2006 17:46:06 +0900

 Sat, 03 Jun 2006 17:46:06 +0900
>>>>> Santiago Gala <sgala@hisitech.com> writes:

    Santiago> El jue, 01-06-2006 a las 18:43 +0900, Stephen
    Santiago> J. Turnbull escribió:

    >> Maybe in Europe.  In the U.S. it's quite explicit.  Practicing
    >> the patent without license, for any purpose, is forbidden.  Nor
    >> is there a fair use exception, for research or anything else,
    >> as far as I know.

    Santiago> I don't understand what you call "practicing the
    Santiago> patent".

Implementing the process in a form that can be executed, whether as a
physical process or a virtual one.

Given that software patents are allowed in a given jurisdiction, in
that jurisdiction it would include writing a program.

According to simo's post, it would appear that such jurisdictions
include Germany, so I don't know what you mean by

    Santiago> At least in Europe's traditional legislation, only
    Santiago> industrial processes are subjects to patents,

Would you like to explain what is meant by "industrial process"?  Does
a paperclip in a novel shape, for example, count as an "industrial
process"?  Is the "Post-It Note" an industrial process?

As for "physical processes," would a paper-feed mechanism whose timing
is controlled by cams or other mechanical delays be patentable, but if
the same timing were controlled by software and electro-mechanical
actuators it would not be?

-- 
Graduate School of Systems and Information Engineering   University of Tsukuba
http://turnbull.sk.tsukuba.ac.jp/        Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
        Economics of Information Communication and Computation Systems
          Experimental Economics, Microeconomic Theory, Game Theory