[Statement]We Oppose the patent of Internet Business Model
Claiming nullity suit against the Patent 'Remote Education via an Internet' of Samsung Electronics Co. Limited
Source :
On March 4th, Korean Progressive Network 'Jinbonet' made an action of nullity against the Samsung Electronic's patent, 'Remote education via an internet'.
The patent which Samsung obtained, is related to the education through World Wide Web. This idea is just a system that the learning and examination data which users summit through the website, are managed using CGI or Database.
This is nothing new. This idea is just a process of using Internet in general, which is similar to use existing on-line education as well as many other services on Internet.
Korean patent law defines patentable 'invention' is 'technical idea using nature rules'. But the Samsung Electronics' is related to education method, which can be only carried out by artificial promise or mental works of human, not nature rules. So, issuing the patent to Samsung is disqualified.
If it is adopted, it will cause very negative results. For example, the patent will wither the other on-line educations, and cut off other new potentialities of education on Internet.
Because of these reasons, Jinbonet absolutely request that the Samsung Electronics' patent should be invalid. Moreover, We worried about recent rush of Business Model Patent.
Recently, the number of applications to obtain the patent for Business Model on Internet is on the increase very highly, and the Korean Patent Office would like to approve the patents. Such tendency is not only in South Korea. Amazon.com received patent for 1-click purchasing. And Amazon.com sued Barnes & Noble(this company is Amazon's rival) over its 1-click technology patent.
(Amazon sued to block the use of this simple idea, showing that they truly intend to monopolize it. This is an attack against the World Wide Web and against E-commerce in general.) Then, many anti-patent movements against Internet patent like this were increasing. Especially, Richard Stalllman who is a member of Free Software Foundation, made a strong movement for the purpose of
Boycott Amazon.
(for obtain detailed contents about Boycott Amazon, go to this URL :
http://www.gnu.org/philosophy/amazon.ko.html)
'Jinbonet' think that the patent for Internet Business Model can monopolize the idea itself, so, it will disturb the development of Internet Society.
Fundamentally, the purpose of patent system is to give motivation to make an invention. If the patents for simple ideas like Internet Business Model are approved, it would give too much right to certain company. And when a certain business model or technology on Internet is become the exclusive property of certain company, personal or non-profit organization's activities will also be limited very much.
Above all, regarding the protective period of patent(it is 20 years according to the patent law) and fast development of technology, business model patent allows certain company to monopolize internet almost for ever.
By these reasons, Jinbonet absolutely deny to approve the patent for 'Business Model.' And, we request that the court should find Samsung's patent is legally invalid, and cancel the permission.
March 4, 2000
Korean Progressive Network 'Jinbonet'
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