RE: [xml-dev] RAND issues

[Jim Ancona <scarhill@yahoo.com>]

--- Jeff Lowery <jlowery@scenicsoft.com> wrote:
> 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.

Oh, just like ICANN's dispute resolution policy for domain name conflicts. That
works so well, we should definitely emulate it. Seriously, what makes you think
that such a process won't be dominated/co-opted by the same companies that own
most of the software patents now, and the patent lawyers who work for them? 

BTW, patent enforcement is generally through civil (not criminal) law already.
You get sued for patent violations, not sent to jail.

Jim

=====
Jim Ancona
jim@anconafamily.com                     jancona@xevo.com

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