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Re: [Fsfe-uk] Software patent


From: Ian Lynch
Subject: Re: [Fsfe-uk] Software patent
Date: Fri, 28 Jul 2006 13:58:44 +0100

On Fri, 2006-07-28 at 11:33 +0100, Alex Hudson wrote:
> On Fri, 2006-07-28 at 10:28 +0100, Ian Lynch wrote:
> > Summary - Blackboard have obtained a broad patent on many of the aspects
> > of an  online learning system. The patent has been granted in the US,
> > Australia and  New Zealand, and its status is 'applied for' in Europe
> > and many other places. 
> >
> > Is there anything that can be done to make sure this doesn't get through
> > in EU?
> 
> I love this quote from the American version, on ease of use of webpages:
> 
>         "For example, an Internet user's ability to access information
>         using that medium is significantly reduced if the user lacks
>         understanding of how to use Uniform Resource Locators (URLs) to
>         traverse (i.e., navigate) web pages."
>         
> I never realised clicking a link was so hard.
> 
> In short, I doubt there's anything you can do to stop it being filed: it
> may well get rejected, but there's not a lot you can do to help it be
> rejected.

Is there no lobbying process? This is a good example of why software
patents are a nonsense so fighting this one with a high public profile
would illustrate the point and provide a case that would help in any
future battles in the EU.

> If it does get accepted, it looks like it would be pretty unenforceable
> unless they've done some major rewording to the EU version.

Except who would have the money to fight it?

> It might be
> possible to ask for a UKPO opinion on the patent, and whether Moodle
> infringes (though I'm not sure they issue opinions on EU patents...). It
> would cost a little money, but an opinion against would severely weaken
> the patent.

I think it might be worth the effort. I'm sure there are people who know
more about how to do this than me but I would make a contribution if it
was thought to be a decent strategy.

Ian
-- 
www.theINGOTS.org
www.schoolforge.org.uk
www.opendocumentfellowship.org





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