RE: [xml-dev] RAND issues

[Jeff Lowery <jlowery@scenicsoft.com>]

I don't think software patents would be half bad if:

1) software patents are only issued on truly innovative, nontrivial stuff

	(No controversy there.)

2) software patent infringement issues are settled not by courts of law, but
by patent review boards, with ability to subpoena code and whatnot. They
would also make determination of nonpunitive damage awards. 
	
	Basically, decriminalize patent infringement, 
	and take the lawyers out of the process. Make 
	access to patent 	review economically viable 
	for both parties. That way, you don't have to 
	be a BigCo to play.

3) shorten the period of patent protection in areas of technologies (such as
software) that are quickly evolving.

	You shouldn't get 20 year patents in an industry 
	where technologies become essential or obsolete 
	in very compressed timespans. 


I once had a professor that a sure sign of the decline of a civilization is
when they start to build walls to keep out the pagan hordes. Patents and
copyrights are walls. Once a company resorts to lawsuits to keep out
competition, its days are numbered. It ceases to see continued innovation as
essential to survival.