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   Re: [xml-dev] Another Microsoft XML patent

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On 6/6/05, Stefan Tilkov <stefan.tilkov@innoq.com> wrote:

> Only by disallowing software patents altogether.

How does this fix the here and now?  You can't just pull the patent
rug out from the entire software industry, tell everyone to play nice,
and walk away with a "now wasn't that easy" attitude.

And in regards to *ALL* software patents....

It is a definite minority who believe that all software patents are bad.

Its a definite majority who believe that its the bogus patents that
need to be done away with.

- and its seems somewhere in the middle we all realize that there are
those patents that have made their inventors billions but in many ways
the fact that they are still in place are keeping a whole new breed of
software innovators from breaking things through to the next level.

the bigger issue with this is then what do we do with that key
innovator or two that truly develops a new process or design flow that
deserves to be given a patent such that those who put the time,
effort, and brain cells into its development can gain from the
development of products and subsequent sales of these products.

Could the answer then be to greatly limit the amount of time a
justifiable software patent can be in place?  Would this push the
innovators to get their products to market sooner to take advantage of
this much smaller window of opportunity they've been given?

Attempting to create an "everything belongs to everybody" software
world will at best never work and at worst spark a revolution by those
who believe that their time and brain power is actually worth more
than a pat on the back an $35 dollars in donations over the course of
7 years of INTENSE development.

Or is it at best spark a revolution and at worst not work???  

Its either one or the other but at some point the realization needs to
be made (as a whole, many of us already know this) that to make a
living as a software developer and to create an industry from the
software development community requires the simple yet effective
practice of trade.

Are their reasons for Open Source?  Absolutely! My personal belief and
practice is that when it comes to development tools and technologies
that enable us, the development community, to do our jobs better, this
is a reason to develop an OSS project.  But there are *VERY* few
people on this planet that know what the hell any of this is and
furhter have the ability to contribute at any level much less a level
that is a benefit to this OSS project.  If you look around all of the
smart OSS project now have corporate sponsors... corporate sponsors
expect a return on investement.  The return comes from... I realize
you all know where this is leading so I wont spend my time patronizing
and instead just leave it at this.

This is a very slippery surface between patents and OSS and is not one
I'm really comfortable standing on at the moment so I'm going to step
away from it and let you all bash this one out...

Hope I havent created something I'll be ashamed to look at in a few hours!!!

> Stefan
> --
> Stefan Tilkov, stefan.tilkov@innoq.com, http://www.innoq.com
> innoQ Deutschland GmbH, Halskestr. 17, D-40880 Ratingen, Germany
> Phone: +49 170 471 2624  Fax: +49 2102 77160-1
> ICQ: 177869128, AIM: stefantilkov, Weblog: http://www.innoq.com/blog/st/


M. David Peterson


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