[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] RE: Judge rules in favor of Eolas
Just to add fuel to the fire. Look at this article. http://www.computerworld.com/newsletter/0,4902,89146,00.html?nlid=PM At 1:57 PM -0600 1/16/04, Bullard, Claude L (Len) wrote: >Not a hobbyhorse, just a legitimate and well-informed >opinion that comes down to we got ourselves into this >mess and shouldn't be surprised if the old systems >are creaking under the weight of our own relentless >industriousness. What is really wanted is transparency >for patent filings but if we insist on rewriting terms >and claiming invention where pre-existing terms were >precise for existing inventions, then let the bad times >roll. The software industry must face up to the fact >that it is feeding the wolf and the wolf circles and >marks grounds where the feeding is good. > >1. Patents: The PTO is struggling, yes. The EOLAS case is >a judge who's ruling is a follow on from that struggle. >The judge said he thought this was a bad case but >has to rule based on the law, not his opinions. > >2. Copyrights: Rights management is only getting harder and >our industry is quickly creating and fielding >technical solutions which actually may make the >problem worse. > >http://www.firstmonday.dk/issues/issue8_11/may/ > >It's a typical Chinese finger puzzle; to get out >of it, both sides have to push toward each other >as has been shown by systems such as iTunes. > >Our Drag Drop and Go systems accelerate the >problems. They increase the market for the >code or the art but also increase the ease and >frequency of theft, and that seems to make >DRM the only way out, so it comes down to >picking a DRM system that matches our own >policy and will or means to enforce it. > >The Canadians seem to be making some progress >on copyrights at least by taxing the sales of >products such as MP3 players and creating a >money pool to reward the content creators. >How well that would go over in the US is >anyone's guess (not well, I suspect) but >worldwide, it isn't a solution so we are >back to technical means, ie, DRM. > >I don't disagree that software patents are >bad things. They are. So is the continual >obsfuscation of invention by software engineers >and standards wonks. If I am making your point for >you, then good; we agree. > >len > >-----Original Message----- >From: Frank [mailto:frank@t...] >Sent: Friday, January 16, 2004 1:29 PM >To: Bullard, Claude L (Len) >Cc: xml-dev@l... >Subject: RE: Judge rules in favor of Eolas > > >On Fri, 2004-01-16 at 13:34, Bullard, Claude L (Len) wrote: >> I didn't say wholesale infringement. I said, ignoring >> it altogether. > >I know you did. That's your current hobbyhorse, ridden in probably 25% >of your posts. A few years ago your hobbyhorse was 'enclosure of the >commons'. Patenting software is just such an enclosure. Why are you >surprised that the folks who used that commons from 1946 till 1995 or so >are resisting the bailiffs? If you're not surprised, you're being >disingenuous. > >> It's ludicrous to shift all the blame >> to the PTO when a judge is ruling. > >You asked and I quoted and answered a general question about the patent >system. You don't get to jump back to the specific case just because you >don't like my answer. > > >> Now, is it the case >> that the patents are hard to evaluate? Sure. If one >> isn't an expert with thirty or forty years experience, >> it is tough to read documents in which the same thing >> has been expressed fifty different ways because not >> only are the researchers unaware of each other, each >> company or 'inventor' keeps making up terms and >> applying them to their own work as if it were novel. >> > >Hard or not, that is what the PTO is supposed to do. Whether they work >for the citizens/taxpayers or for the inventors, they are supposed to >make a reliable determination of whether or not something is a novel >invention. If this has become too hard to be reasonably done, then it's >time to consider returning the art and science of computer programming >to the commons. [FWIW, I initially supported the idea of software >patents. However the current situation is, to me, clearly worse than no >patents at all. The public is paying, but the money is going to lawyers, >not inventors, and potential inventors are much more afraid of being >sued than they ever were of being stolen from.] > > >> Quick Test: >> >> o What are inline links and what were they >> called before that? >> >> o Is <a href="" an innovation as some seem >> to claim from time to time? >> >> o Who is Truly Donnovan and why should a >> patent examiner care? >> >> o Are stylesheets for markup a web innovation, >> and if not, who first applied them to the >> hypermedia field? >> >> What went around has come around. > >You're making my point for me. > >Frank > > >----------------------------------------------------------------- >The xml-dev list is sponsored by XML.org <http://www.xml.org>, an >initiative of OASIS <http://www.oasis-open.org> > >The list archives are at http://lists.xml.org/archives/xml-dev/ > >To subscribe or unsubscribe from this list use the subscription >manager: <http://lists.xml.org/ob/adm.pl> -- Don Bate | Specializing in Consulting and Mentoring in Bate Consulting, Inc | Object-Oriented Technologies, | Software Architecture, and Software Process (972) 618-0208 voice (972) 618-0216 fax donbate@i...
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