• Order of the Butterfly
    Order of the Butterfly
    DiskDoctor
    Posts: 306 from 2009/4/17
    From: Rzeszow, place...
    Quote:


    feanor wrote:

    So, if you're in the USA, yes, Apple can sue you, if you're in the EU or elsewhere, these patents have absolutely NO meaning outside the US. Afaik, there is NO legal standing of cross-border *software* patents.


    I think you totally mistake IP issues here.

    Software patents and patenting software is not the same thing. First means some patents, covered internationally (mostly, unless some party wants to save on the procedure and patents something locally only), regarding some features to be found in some specific software entity. Software patent concern some functional part of a software. The latter one is a legal way of protection of IP rights against all software solutions, depending on a legal system (ruling). In this very case - right. U.S. protects their software using patents (so called "patenting the algorithms"), whilst the EU chose the way of protecting software via copyright instruments (then software is protected similarirly as a movie or a music in EU). Actually it was ruled by EU Parliament in June 2009, thanks to its President, Jerzy Buzek from Poland.

    So tu summarize - openoffice isn't much legal in the us since MS Office is patented per se and one cannot "create similar software, having basically all the same features". So in the US, oo violates MS Office. But not in EU while one can make say EU Office which looks and acts the same as MS Office; program's behaviour and looks aren't protected. You cannot make/sell/distribute pirate copies of MS Office though.

    So if you patent "a feature" (here: Expose), this ruling applies worldwide IMAO. But I'm getting more and more confused on it, the more I study it (I study PG IP now).
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  • »27.01.10 - 17:29
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