[thelist] Fwd: The battle over e-commerce patents heats up

>>From: "Axel H Horns" <horns@t-online.de>
>>To: debate@fitug.de
>>Date: Thu, 6 Jan 2000 21:53:14 +0200
>>Subject: [FYI] The battle over e-commerce patents heats up  
>
>>http://www.ipmag.com/monthly/99-nov/poynder.html
>
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>>
>>Method Madness 
>>
>>The battle over e-commerce patents heats up  
>>
>>By Richard Poynder  
>>
>>Since patents were first issued, the birth of each new industry has 
>>tended to trigger a new debate over patentability. A hundred years 
>>ago, critics questioned whether agricultural inventions could be 
>>protected, on the grounds that agriculture was not an industry. 
>>Twenty years ago, it was argued that to grant pharmaceutical patents 
>>would be unethical. And today the biotechnology industry finds itself 
>>at the centre of the so-called "patenting of life" controversy.  
>>
>>It should, therefore, come as no surprise that a development as 
>>radical as the Internet should spark its own patenting wrangle. In 
>>particular, a cluster of patents issued by the U.S. Patent and 
>>Trademark Office covering e-commerce methods and techniques has set 
>>off a storm of criticism.  
>>
>>The main complaint is that many of these new patents are far too 
>>broad in scope. Massachusetts-based Open Market, for instance, has 
>>been granted several patents that, some claim, could potentially 
>>allow it to demand royalties from almost any company engaged in e-
>>commerce. These include a patent on a secure, real-time payment 
>>method using debit and credit cards, one covering electronic shopping 
>>carts, and another on a technique for analysing how users browse Web 
>>content. To date, Open Market has not taken legal action against 
>>supposed infringers.  
>>
>>In contrast, Sightsound.com -- which claims to have been granted a 
>>patent that covers the sale of any digital audio or video recording 
>>over the Internet -- is currently suing N2K, a company that retails 
>>music on the Web. The Mt. Lebanon, Pa., company has also written to a 
>>number of other prominent music sites demanding royalties on every 
>>sale that involves downloading music to a customer.  
>>
>>[...]
>>
>>Until recently it was assumed that the controversy was not relevant 
>>to Europe. Historically, software (which e-commerce
>>patents by definition are) has not been patentable in Europe; nor is 
>>it generally accepted that business methods can be patented.
>>
>>But apart from the inherent problems of trying to enforce a 
>>geographically defined legal system on a global network, current 
>>harmonisation initiatives are eroding national differences. Thus, in 
>>response to the European Commission Green Paper on patenting, the 
>>European Patent Office has recently proposed that 52 of the European 
>>Patent Convention should be replaced with wording agreed upon during 

>>the Uruguay Round of the GATT Accord.   
>>
>>"If this were to happen, not only would it open the door to the 
>>patenting of software in Europe, but to business methods as
>>well," argues Bob Hart, chairman of the Computer Technology Committee 
>>of the U.K. Chartered Institute of Patent Agents.
>>"Which would make it highly likely that many of these e-commerce 
>>patents would be granted in Europe, too."
>>
>>[...]
>>
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