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Re: Car Analogy: Microsoft Cannot Use Patents Threat

peterwn wrote:
> Roy Schestowitz wrote:
>> If Novell and Microsoft Were in the Car Production and Sales Business...
> 
>>| * "If I, as an end-user, bought a car from Ford, that does indeed
>>| contain technology infringing some patent owned by 
>>| DaimlerChrysler--would there by any likelihood that Ford would sue me,
>>| the end-user?   
> 
> It has happened.  People who had patents they claimed covered
> automobiles, did try (or at least threaten to) sue Ford customers in
> the hope of denting Ford's sales.

I am not sure about that.  I suppose it could be done, but there would be 
no economic advantage to doing so.  Individuals do not have deep pockets
like corporations.  Of course, if one did not keep up with their Ford
Genuine Advantage warranty, could receive a console message stating they
had 3 days to purchase an extended warranty or their car would not
start.  :-)

I think this message Roy posted is an indicator where Europe may be heading:

| Subject:  UK Shuns Software Patents
| From:  Roy Schestowitz
| Date:  Sat, Oct 28 2006 11:37 am
|
| Appeal court ruling sets marker on UK software patents
|
| ,----[ Quote ]
| | The three judges of the UK Court of Appeal have ruled decisively
| | that patents on pure computer programs may not be granted in the
| | UK. The ruling came in the case of Macrossan vs the UK Patent
| | Office (UKPO).
| `----
|
| http://www.theregister.co.uk/2006/10/27/software_patents/ 

Unfortunately, US has headed the opposite direction:

| Subject:  Software Patents Go Ahead in the States
| From:  Roy Schestowitz
| Date:  Sat, Nov 4 2006 2:18 am
|
| New U.S. system to review software patents
|
| ,----[ Quote ]
| | "High-quality patents increase certainty around intellectual
| | property rights, reducing contention and freeing resources to
| | focus on innovation," said David Kappos, vice president of IP
| | law at IBM. 
| |
| | Red Hat chief patent counsel Adam Avrunin said finding references
| | that show the subject matter of a patent application is already
| | known, especially in the software field, is often troublesome for
| | examiners at the Patent Office who have a duty to grant patents
| | only to inventive technologies.
| `----
|
| http://news.xinhuanet.com/english/2006-11/01/content_5276621.htm
|
| IMO, only in America can algorithms become patentable. 

It will be interesting to see where developments will lie, as much has not
yet been unvaled and these two directions, one by US and another by UK/EU
are diametrically opposed.

Another piece of the puzzle not yet revealed is where the EU is going with
Microsoft not complying with satisfactorily opening its protocols per the
2004 decision.

What might happen is Linux/Unix/POSIX taking a separate direction in
networks toward a universal open protocol, that is completely devoid of
Microsoft proprietary protocols.

The expertise is already in place to make this happen.  Then software
patents will be a mute point.

-- 
HPT

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