[A2k] Software Patent and Its Scope Online

Heesob Nam hurips at gmail.com
Wed Oct 24 13:53:41 PDT 2012


In some jurisdictions including France, Germany and UK, patent can
prohibit an act of offering or even keeping or possession of a
patented product. Then when a patent right is extended to a computer
program itself (e.g., by defining the program as a product in Patent
Act), anyone transmits online the program becomes an infringer (by
offering). This is the case even when he or she does not sell the
program. And anyone who stores the program in PC is liable as he keeps
or possesses it. Further, ISPs storing and transmitting the program
upon request of users are liable of "direct" infringement.

If this interpretation is correct, the freedom to distribute free
software is to be seriously undermined.

Let me know if there is any court or administrative decisions contrary
to my interpretation or concerns.

Best,
Heesob




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