[Sigia-l] Software Patents and IA?

Jonathan Baker-Bates Jonathan.Baker-Bates at oyster.com
Thu Jul 7 04:52:04 EDT 2005


> -----Original Message-----
<snip>
> 
> Your average IA would be very ill equipped to discover and 
> decide what's actually infringing. Infringement is not (only) 
> a matter of conceptual overlap but also of implementation, 
> which is where things get a bit difficult to decipher.
> 

That's my point. That's why I was asking the list because *in theory* if
(to use the canonical example), you thought your client could really use
a "one-click" ordering button on their website, then *in practice* in
the US you're at least in dangerous territory, and at worst infringing
on a patent. But you can't do much about it because you're not equipped
to know or even find out.

But I guess I have my answer: that it's not actually an issue.

> I haven't read the EU patent decision yet. But if the EU case 
> against MSFT is any indication, I don't expect anything of 
> consequence. :-)

Software patents are effectively dead as a Europe-wide idea. That's not
to say they might come round again in a different guise, mind you.
Personally, I think that patents could be applied fairly for software
development, but not in the way the current pro-patent lobby envisages. 

But we're getting off-topic.

Jonathan


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