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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Open Source, Patents and "Patent Exhaustion"
Date Fri, 11 Apr 2008 21:31:36 GMT
Santiago Gala wrote:
> For what I see, this discussion is about patent license for "computer
> programs as such", and not "inventions including some software". So the
> mere fact that just downloading software from the ASF infringes a patent
> implies that this "invention" is not patentable in Europe. It would take
> additional combination with hardware to infringe, etc. Again, IANAL and
> I can't give you any warranty on that. :)

If our software doesn't infringe by itself but it does infringe in
combination with our customer's hardware, we may be liable as contributory
infringers. In any event, do we want our customers to infringe?

Deal intelligently with patents or they may destroy you. Don't just hope
that software patents won't exist. You can't take refuge in Europe!

/Larry



> -----Original Message-----
> From: Santiago Gala [mailto:santiago.gala@gmail.com] On Behalf Of Santiago
> Gala
> Sent: Friday, April 11, 2008 11:52 AM
> To: ASF Legal Discuss
> Subject: Re: Open Source, Patents and "Patent Exhaustion"
> 
> El vie, 11-04-2008 a las 10:38 +0200, Thilo Goetz escribió:
> > Santiago Gala wrote:
> > [...]
> > > Not to mention that
> > > there are no software patents in Europe, which means that, for the
> > > moment, I don't care much about all of this. IANAL, of course.
> >
> > Yes there are.  Don't be fooled by what's going on in the
> > press.  See for example
> 
> I've actually followed the last discussions in the European Parliament
> on the issue, and read a few documents too.
> 
> >
> http://en.wikipedia.org/wiki/Software_patents_under_the_European_Patent_Co
> nvention
> > which puts it quite well.  There is a difference between
> 
> Yes, it puts it quite well:
> 
> Under the EPC, and in particular its Article 52, [1] "programs for
> computer" are not regarded as inventions for the purpose of granting
> European patents, [2] but this exclusion from patentability only applies
> to the extent to which a European patent application or European patent
> relates to a computer program as such
> 
> > Europe and the US with respect to business process patents,
> 
> business processes and "computer programs as such". Most European
> doctrine requires hardware+software to have patentability.
> 
> > but that's not what this discussion is about.
> >
> 
> For what I see, this discussion is about patent license for "computer
> programs as such", and not "inventions including some software". So the
> mere fact that just downloading software from the ASF infringes a patent
> implies that this "invention" is not patentable in Europe. It would take
> additional combination with hardware to infringe, etc. Again, IANAL and
> I can't give you any warranty on that. :)
> 
> > --Thilo
> >
> --
> Santiago Gala
> http://memojo.com/~sgala/blog/
> 
> 
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