[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] Re: Software patent debate: we lose round one
At 08:37 PM 5/28/00 -0400, David Megginson wrote: >Since the U.S. phenomenon of software patents have been a hot topic >around here (for the record, I think they're ludicrous), I'd like to >draw everyone's attention to a recent debate between Tim O'Reilly and >Tod Dickinson, the director of the U.S. patent office: > > http://www.oreillynet.com/pub/a/patents/2000/05/24/PizzoFiles.html > >I'm actually posting this as a cautionary tale, because Tim arrives >unprepared and gets badly whumped in the debate (at least, it looks that >way reading the transcript; it's probably even worse in the RealAudio >version). If we're going to carry on this debate in any meaningful way, >we're going to have to come much better prepared, and this debate shows >very clearly where we need to collect a lot of good, credible evidence >to back up our claims. Thanks for this David, It should be clear from the discussion that the patent process is formal and that "written" documentation is a key part in establishing prior art. The patent process differs between countries, and blanket statements are unlikely to apply to all countries. [There appears to be a significant difference in effective practice between the US and Europe in what is patentable at present, though some people expect convergence.] My purpose is to remind XML-DEV members of the importance of XML-DEV as an archive. Anything information published on XML-DEV is effectively in the public domain (but not necessarily the IP it relates to). HenryR and I have been careful to make sure that the archive had some permanency in the early stages and it has actually been published as part of a series of electronic conferences on chemistry, and is on a CDROM which has an ISBN. Therefore XML-DEV could potentially be of value in establishing prior art since 1997-02. Ideas per se are not patentable - it is the expression or implementation of the idea - so records of this would be needed. As "moderator" I try to take a neutral stand, but if members wish to use XML-DEV to publish in the public domain, please be considerate about volume, relevancy to XML, and value. And, of course, choose meaningful titles! [I *still* see "Irony" messages.] And a single posting puts material in the PD including the list signature for XML-DEV. No need to republish it! P. I think the level and importance of posting in the last weeks has been outstandingly valuable. Peter Murray-Rust. (CML, VHG and XML-DEV) CMLC and VirtualXML ConCourse: http://www.cmlconsulting.com/ CML http://www.xml-cml.org/ Virtual HyperGlossary http://www.vhg.org.uk/ *************************************************************************** This is xml-dev, the mailing list for XML developers. To unsubscribe, mailto:majordomo@x...&BODY=unsubscribe%20xml-dev List archives are available at http://xml.org/archives/xml-dev/ ***************************************************************************
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