Ridiculous eCommerce patents - should I be worried?

Alessandro Rubini rubini at gnu.org
Tue Oct 22 11:59:56 UTC 2002


> about patent infringement, filed by a company called PanIP  (Pangea 
> Intellectual Properties L.L.C).

One of those parasites that exist to suck money from people who do real
things.  At least they're honest in their naming :)

> IANAL - but IMHO these patents are not valid under EU-jurisdiction - 
> correct?

The EPO (european patent office) has granted a lot of patents that
they couldn't grant according to current law (the EPC, european patent
convention).  So they might have a patent in europe as well. Or they
may have filed it under a different name, to make your search harder.

In general, you can't tell if you're hit.  You should feel safe,
though, and try to explain your politicians what the problems are.
 
> Or does the GPL mak esure we will have no problems?

Not at all. Patents are not about "for profit" use. They're an
absolute monopoly on everything that falls under the claims.  They may
charge you per-copy (this prevents gpl distirbution), or they may just
not license the patent at all.
 
> This patent stuff is getting more and more ridiculous.

It has always been, since patents on abstract ideas have been
accepted. It's only the number of blatant abuses that are increasing.
 
> IMHO there is prior art - Vend/Minivend was first published in 1995. But 
> does that count in any way?

No. When the patent office grants a patent, they have already
inspected all available prior art and the patent can be enforced.  If
they didn't find the prior art it doesn't count. It's up to you to
show (in court) that the patent is invalid.  Did you guess why they
started suing small companies?

/alessandro
-- 
Alessandro Rubini, free software developer.
Device drivers, embedded systems, courses.
http://ar.linux.it/



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