Re: [LUG] If this wasn't so dangerous, you'd laugh.

[Robin Cornelius <robin@xxxxxxxxxxxxxxxxxxxxx>]

Jon Lawrence wrote:

> On Wednesday 09 February 2005 23:44, Neil Williams wrote:
>  
>
> > On Wednesday 09 February 2005 11:14 pm, you wrote:
> >    
> >
> > > Neil Williams wrote:
> > > | "The patent was intended to only apply to printhouses but it is
> > > |
> > >      
> > >
> > > > phrased and was
> > > >
> > > >        
> > > | granted on the CLAIMS and therefore could be used to extract punitive
> > > |
> > >      
> > >
> > > > fees
> > > >
> > > >        
> > > | wherever a print manager is installed."
> > >
> > > It couldn't be used for that purpose, because there was extensive prior
> > > art, and the lawyers would die laughing.
> > >      
> > OK, this time it's a print manager, maybe KDE and Gnome would join with the
> > FSF to fight the case in court - I'm quite sure the holders of the patent
> > will be able to pay their own lawyers enough that they'll be able to keep a
> > straight face in court.
> >
> > What about next time?
> >
> >    
> >
> > > What is sad here is a company spent good money paying for a worthless
> > > bit of paper, can't help feeling the legal department was striving to
> > > justify their head count, or some such.
> > >      
> > We know it's worthless, they obviously want a return on the 'investment'.
> >    
>
> It would be interesting to see what would happen if someone with enough money 
> made a case against them. As I read it, they've put in place a patent which 
> they probably covers inventions already in place. In effect, they're could 
> give the impression that these inventions are somehow down to something they 
> did - erm if the inventions aren't down to something they did, is this called 
> fraud ??
>
>  

This is the problem with ALL patents though and what they have all 
turned in to "if someone with enough money made a case against them".

Patents (of any type) are no longer there to protect the inventor but rather are a litigation tool. If I had enough money I could take a patent like this and attempt to extract money out of smaller companies and individuals that can't afford the legal fees. Or if I had invented something and patented it a large company could simply cripple me with legal fees for me to be able to protect my patent. I think this is a seperate problem to the stupididy of software patents and is another reason why we should NOT have software patents.

Robin






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