Defining infringement
  
  • Software patenting is presented as a fait accompli
  • The main justifiation of some companies is the need to patent

  • Can be compensated by a restrictive definition of infringement so as not to freeze the software economy
    • avoid economic distortions in software economy
    • allow open source innovation

  • For Example: Use of a patented programming technique in a programmable commodity is not an infringement.
    • important words: "programmable" and "commodity"
    • means we stay in the economy of intangibles (avoid distortion)
    • innovation incentive weak in very large pool of potential innovators

  • Give precedence to interoperability over patents (public interest)
    • because of major role of network effects
    • because the value of interoperability standards comes from user pool rather than inventiveness

    Bernard Lang, INRIA - AFUL - ISOC France

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