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[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] RE: Small company makes big claims on XML patents
 >does mathematics have the same problem - mathematicians patenting >theorems and then licencing them to other theorems? Coming soon. If the patent rules change to 'first to file' instead of being prior-art based, just about any thing that can be will be. Patents are now trading currency. >if i incorporate a theorem into a software patent do i then own the theorem? Depends on the essential claims. >i religiously date all my work so that when you come to sue me, at least >i have documentation as to when i did things and can then explain how it >was that i contravened your patent by using knowledge that was not yet >invented (and therefore i couldn't possibly have used it) and not >communicated to anyone (therefore it wasn't actually known at that >stage) - ergo i couldn't possibly have used the knowledge you claim i >have used and therefore i can't possibly have contravened your patent. IANAL. But I am advised that dated documentation plays a key role in approving prior art. Here at Intergraph, we have a building dedicated to warehousing documents. Had the early markup folks patented, they would own the world wide web. >bumble bees again No. Real problem here. That attitude taken toward EOLAS means right now, embeds are something someone is paying a license to implement. It is very smart to keep up with technical developments in a field and not rely on the myths that lead one to think just because luminary names are attached by repetition to an innovation it is historically accurate or legally provident. The EOLAS decision turned on what most here would have considered a minor technical detail (terminate and stay). >and permathreads.... A permathread means the issue bifurcated and never resolved. The fact of the number of permathreads for XML-Dev doesn't mean the Devers are obtuse or tendentious. It means they have a set of unresolved issues. This one only resolves when the rules change or we adapt and get smart enough and well-practiced as troll-exterminators. Study the EOLAS review. The web was fielded witlessly. Now the locusts have come to eat well. len 
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