[OT] Patents

[Justin Mason]

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Guido Heumann writes:
> Lindsay schrieb:
> > Patents
> > The only way to fight back against these software patent advocates is to
> > think up idea's, get together with friends and supporters and patent all
> > your idea's.   That way, when these multinational rat-bags go to patent
> > an idea - you've already done it.
> > 
> > Its cheaper to patent things than it is to object to the patents.  So
> > why not.  Get a good patent lawyer and hoe into it.
> 
> software patents is a bad thing. I think it's not a good way to try to
> obtain _more_ patents than the "evil" other side, because this is was
> strengthens the hole patent/intellectual property system. Besides, you
> can't win this fight against the megacorps and their attorneys.

Some other reasons why it's not viable for the "little guys" to use
this approach:

- - Patenting is not cheap.  Estimates I've heard indicate that several
  $1000s are required per-patent, typically, to produce something that'd
  be worth holding.

- - Under US law at least, one must enforce a patent, otherwise it will no
  longer be enforceable in future.   in other words, it's not just the
  expense of initially receiving the patent -- you must take "infringers"
  to court to keep it in your possession.

> I think it's better to _publish_ all your ideas as early as possible, so
> that there is enough prior art that new patents cannot be claimed.
> 
> Your programs would still be protected against "rip-offs" by the
> almighty copyright.

Yes.

BTW, in addition, you can preemptively block, or at least greatly narrow
the scope of, a patent *application* if you find out about it in time and
know of prior art. http://taint.org/2004/11/23/042513a.html details how.

- --j.
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