[Commons-Law] Comment On: Fwd: [Fsf-friends] Our response to the Patents (Amendments) (Anivar Aravind) (Hasit Seth)

[Mahesh T. Pai]

Hasit seth said on Fri, Mar 04, 2005 at 12:45:36PM -0500,:

 > That said,  it is amazing to contrast  constitutional approaches to
 > innovation.  American  constitution explicitly provides  for patent
 > and copyright protection to promote invention.

I  am  not sure  if  patents are  involved;  but  the US  constitution
certainsly does provide that copyright is protected. I may be wrong; I
am not strong on the US constitution. 

 > Why then will software patents create a catastrophy?  There is an

People  who  know classical  music  know  about  taala, raga  and  the
lyrics. Lyrics are copyrightable.

Every considered  if Saint Thayaraga  (or any body else)  patented the
taalas and ragas??

This is precisely what software patents do. 

If  you do  not understand  the above,  and want  to  discuss software
patents, learning a bit about Indian classical music will help.

 > and entities".  So what,  big deal? Software  is business  like any
 > other  business, and  if  other business  have  patent regimes  why
 > should software business be any different?

(snip)
 
 > receipts  to general  ledgers in  banks, but  look at  the customer
 > service you  are getting in  banks and railway reservations  due to
 > computerization.    Just  few   examples  of   anti-technology  and
 > anti-innovation attitudes.

As somebody who has availed services of Indian and Foreign banks ove a
loooooooooooooooooooong time,  i may say that  mechanisation has taken
away the human touch. I have serious trouble dealing with a bank which
is  not  [interested in|capable  of]  having  permanent  staff on  its
rolls. And, afaik, most banks outside India charge a fee if a customer
wants to deal with a human - even for clarifying an erroneous entry.

 > innovation  and invention in  any form  will destroy  the exisiting
 > social and economic  structures in India.  At the  risk of making a
 > sweeping

Software is certainly, at the  moment part of the `social and economic
structure'. It  is slowly  going that  way; and we  need to  keep that
infrastructure free.

 > patent is a piece of written document.  It is just not possible to
 > "own" a technology field through a single patent or patents for a
 > substantial length of time.  The more you claim in a patent claim,

Oh. patent a raga, and you control a significant proportion  of Indian
classical music. Patent a taala and you control a major share of *all*
music - indian, classical, non clasical, wester, and all. 

 > it.   Thirdly, any  lawyer will  tell you  that a  written document
 > creating  or  transfering  legal  rights/obligations will  have  no
 > guranteed interpretation by a court.  Patents are no different.

<sarcaustic>
 
I *am*  a lawyer  and am looking  forward to  the day the  patent bill
becomes the law. I  am looking forward to the day when  evey user of a
digital system  (include mobile phones, fuel injectors,  every form of
LCD display, etc) is exposed to patent litigation.

D**n  users and  software  engineers. They  are  filthy rich  already;
lawyers too have a right life.

I hate everybody opposing software patents.

</sarcaustic>

 > Statistics are available in US that show huge number of patents being
 > invalidated in courts - day in and day out.

heh. heh.

<sarcaustic>

Please, Indians, do  not oppose patents on software. I  am a lawyer. I
have a family to feed.  Oh, please. I need the money.

And I  am looking forward  to the  day a US  like patent system  is in
place here.  (golly golly did you  know that using your  computer as a
typewriter is patented??? 

</sarcaustic>

 > techniques.  For example, if LZW algorithm and GIF file formats were

Ah.   The  submarine  patents.    In  future  youc  can  have  lawyers
specialising in  enforcement of patents  against lusers and and  a few
specialising in  litigating against people creating  software. The law
school administrators should immediately start considering new courses
in these areas. 

 > I would be first to say that innovation and invention can be very
 > disruptive.

And patents can be obstructive.  

 > social effects as history  showed.  Industrial revolution in Europe
 > wrecked havoc on small artisans in India.

Assisted  in  no small  way,  by  a  document coincidentally  named  a
``Letters patent''.  The present patent  system owes its origin  to the
``latters patent'' of the colonial days. 


-- 
         Mahesh T. Pai    <<>>   http://paivakil.port5.com
Distributing free copies of non-free software is --
        -- like advertising drugs.