Re: [ubl-dev] Patent encumberances as they apply to UBL?

["David Webber \(XML\)" <david@drrw.info>]

Jon,

I don't know what prompted Davids' question - possibly the
Microsoft so called "XML patent" - (which is being
challenged by the XML community as I understand it).

However - one needs to ask - "Ollie, how did we get into this
fine mess?".

Clearly if we did not have software patents in the first place
we would not have to worry about such issues.

Unfortunately the USPTO has become addicted and dependent
on the fees these generate, and lost sight of the original intent
and purpose - replacing it with a laughable rubber stamping
operation akin to a circus side show where a $1 gets you
three chances to win.  And this has led to everyone being
held hostage by the process itself.

Someone just simply needs to pull the plug....

DW

----- Original Message ----- 
From: <jon.bosak@sun.com>
To: <ubl-dev@lists.oasis-open.org>
Sent: Wednesday, June 08, 2005 7:25 PM
Subject: Re: [ubl-dev] Patent encumberances as they apply to UBL?


> [david.lyon@computergrid.net:]
>
> | Does anybody know what patents are held that
> | might inhibit the use of UBL?
>
> I don't believe that anyone on earth knows this.  There are
> certainly patents out there broad enough that someone could claim
> infringement; for example
>
>   http://news.zdnet.co.uk/software/applications/0,39020384,39200357,00.htm
>
> | is it safe to implement a UBL based system and
> | be free from a big company claiming patent abuse?
>
> I Am Not A Lawyer, but it's my understanding that you cannot
> implement anything and be sure that someone won't claim patent
> infringement.
>
> | There seems to be much talk on xml-dev about
> | various companies holding patents over xml work.
> |
> | Do any of these patents apply to UBL?
>
> Do any of them apply in reality to anything?
>
> I have it on good authority that a certain large company has a
> patent on the idea of an electronic purchase order.  Whether such
> a patent means anything in practice is an open question.
>
> | What patent encumberances are there that might
> | apply to UBL?
>
> I think that this is impossible to know; see above.
>
> [chiusano_joseph@bah.com:]
>
> | I believe this type of information for an OASIS TC is always
> | posted on the TC's home page, per OASIS policy.
>
> [david@drrw.info:]
>
> | OASIS does not track patents held by non-members, nor members who
> | are not participating in that TC's activities.
>
> Nor can it.  Nor can anyone.
>
> Jon
>
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