Software patents: They're back!

Joachim Jakobs jj at
Sun Jan 22 22:24:13 UTC 2006

Hi Simo,

I am happy to see you believing in the good of human beings!

On Sunday 22 January 2006 22:08, simo wrote:
> I'd not be so sure.
> I've seen legal people working in the patenting field that didn't
> understand anything about software development and were genuinely
> convinced that patents are good even for software in the same way they
> are for real physical products.

In the interview Mr. Schmalz explained that "innovators" would need swpats. Do 
you really believe that this guy (top manager of a global software vendor!) 
does not know that a software patent monopolises an idea only - without any 
solution/implementation? that an "inventor" instead can be kicked out of the 
market if the patent holder sues him (although he can claim for prior art)? 
I cannot imagine that SAP hires such  an idiot for such a job.

Furthermore - supposing you were right - you go to SAP and explain Mr. Schmalz 
for hours and hours the bad thing of swpats.... and you are lucky to convince 
him - he accepts: "Well Simo .... I have been mistaken. Now I know better!" 
What do you expect him to do? To go to SAPs' board of directors and ask them 
to kick him as he is needless henceforth?

Sorry ... that does not really sound convincing to me...

cheers JJ
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