[linux-audio-dev] a new patent to worry about

[Andrea Glorioso]

>>>>> "Erik" == Erik de Castro Lopo <erikd-lad at mega-nerd.com> writes:

    > On Tue, 24 Aug 2004 16:09:37 +0000
    > Jennifer Dillon <dmidi at l4l.ie> wrote:

    >> Do the new patent laws allow somebody to patent methods that
    >> are already in the public domain???

    > Currently the the USPTO is allowing just about anything to be
    > patented and the PTO simply doesn't have the manpower to do
    > proper prior art searches. This effectively means that something
    > already in the public domain could end up being patented by
    > someone.

    > However, if prior art existsm the patent can be challenged and
    > overturned.

Only if  you  have  enough money  and   time to  afford   to do  that.
Microsoft (and IBM and  a ton of  other big companies, for the record)
have it.  I don't - and I don't know how many  members of the LAD list
do.

>From a purely   theroretical point of  view,  almost  99%  [0] of  the
software patents that have been  granted in the  US and in the EU  [1]
are not dangerous, because they obviously fail the `priort art' and/or
on the `innovative' checks.

Actually  going  from   theory to   practice  when  confronted  with a
multinationall behemoth can be, let's say, "non-trivial".

Sorry for the OT rambling.

Bye,

--
Andrea Glorioso             sama at miu-ft.org         +39 333 820 5723
        .:: Media Innovation Unit - Firenze Tecnologia ::.
	      Conquering the world for fun and profit

[0] No, I didn't check all of them.  That's a metaphorical number (you
    thought imaginary numbers were enough, didn't you?)

[1] Yes,  software patents are  granted in the  EU  even though, as of
    today, it's not legal to do it.