[Typo3-dev] Patent on CMS

[Martin T. Kutschker]

Wengrzik, Andreas wrote:
> I saw this link in the German Typo3 User Group!!
> 
> http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1=6,745,238.WKU.&OS=PN/6,745,238&RS=PN/6,745,238
> 
> Kasper, is your great 'CMS' affected by this rule/patent?
> 
> I don´t know what america do with their patents - it´s step backwards what they are doing.... first things linke 'double klick' now complete type of systems, maybe we should get a 
> patent for breathing or a global patent for operating systems.... Like Michael Moore said.... 'stupid white man' ....
> 
> So what happens now??

[repost from typo3.english]

Dunno, I am incapable of reading the "patentalese". To me it's an 
artform, which basic goal is too actually hide the idea ;-)

 From the summary it looks like a SQL-based CMS/Wiki combo, with role 
separation (incl. structure and graphical design) and rights managment.

Despite the claim in the patent I don't think that separation and 
weubuser input (blog, wiki, news submission) is sufficiently new to 
declare it an "invention". It was granted only recently, but I don't 
think it would hold in court if it wasn't submitted quite a long time 
before. Otherwise there has to be some kind of prior art.

But the key point I think in this patent is the participation of the 
webuser. A "simple" CMS (driven only by BE editors) is not covered by 
this patent (as I read it).

Masi

[new]

PS: If you don't want software patents in Europe, fight! The commission 
has dropped all of the sensible amendments made by the parliament last 
year. There is only a very small chance theat we don't have SW patents 
here in Europe by autumn. The fight's not over, but I have liitle hope 
the "small guys" will win. IBM, MS,.... they all rely heavily on 
patenting anything.