It is definitely time to overhaul the patent systems 
worldwide.  The Europeans aren't above this either.
The IBM patent may be a mortal wound to ebXML but 
I wouldn't be too sure yet.  It may also be the 
straw that gets the attention of Congress.  That 
is the kind of attention that has a way of chilling 
everybody's party.  On one hand, we have the massive 
theft of intellectual property (the entertainment 
cases) and on the other hand, very large well funded 
companies pursuing a very profitable patent agenda 
that can effectively freeze use of the media, although 
it will force innovation.  This is beginning to look 
like an election issue. 

If the software titans continue to use these tactics, 
the business industry will ignore their technologies. 
That will have an unpleasant effect on the web and 
XML.  Business will not accept tollbooths on business 
transactions.  It is possible to use the Internet and 
ignore the web.  That's a good thing.  When one part 
of an ecosystem becomes unviable, another usually 
gains in members.

Conserve options.  This is when you need them.

len

-----Original Message-----
From: Michael Kay [mailto:michael.h.kay@n...]

> Slightly off topic, but a sad example of how far our patent
> system has fallen:
>
> http://news.com.com/2100-1023-885552.html

Sad indeed. And serious... I've already heard mutterings that if the US
patent office continues much longer down its current path, it can't be long
before Europe will stop recognizing US patents, which would have some rather
interesting (and not necessarily pleasant) consequences.