Free?

Russel Winder russel at russel.org.uk
Tue Oct 25 00:48:44 PDT 2011


On Mon, 2011-10-24 at 22:51 -0500, Chante wrote:
[ . . . ]
> Simply keep it a secret ("trade secret"). First-to-file allows Big 
> Softare Corp to claim rights to things which they have no proprietary 
> right to. But I'm not read-up on this stuff, I'm just spouting feelings. 
> My feelings are that I've been sold-out, betrayed, raped (but I won't 
> know for sure if those feelings are correct until I figure this stuff 
> out).

I am not a lawyer, but do work as an expert witness -- normally in the
UK, the laws of which are very different regarding patents than the US.

I would suggest that your gut feeling is about spot on.  First-to-file
is a beautiful manoeuvre by Big Money to take complete control of the
patent system.  The "little guy" for whom the patent system is touted as
being for (usually by Big Money!), is effectively sidelined since now
Big Money can nigh on remove any competition for patents by threats of
high cost legal action.

This is making sure that patents are by Big Money for Big Money.

I have always preferred "commercial secret" and binding NDAs for dealing
with proprietary software.  With the US system evolving as it is, and
the pressure Big Money is putting on the UK and EU systems, my belief is
being massively reinforced.
 

-- 
Russel.
=============================================================================
Dr Russel Winder      t: +44 20 7585 2200   voip: sip:russel.winder at ekiga.net
41 Buckmaster Road    m: +44 7770 465 077   xmpp: russel at russel.org.uk
London SW11 1EN, UK   w: www.russel.org.uk  skype: russel_winder
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