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BT 'praised' over hyperlink claim

by Ian Lynch

22 Jun 2000

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An industry user group has congratulated BT on its decision to pursue licence fees for the patent behind hyperlinks, the mainstay of web navigation, saying the telco's actions illustrate the absurdity of US software patent laws.

While some have criticised BT's decision as greedy, European Linux group the Eurolinux alliance of European commercial software publishers and non-profit associations, has congratulated BT "for providing the world with a brilliant proof of the absurdity of software patents as it stands in the US".

"BT's patent, by being so abstract and general, has actually given [it] the right to strangle the development of the world wide web and a lot of related technologies," the group said.

"Europe is currently protected against this absurdity because European patent law prohibits granting patents on pure programs. However, thousands of internet patents, just as absurd as BT's one, are waiting at the European patent office for a change in the law being pushed for by the European Commission," it added.

Tim Pearson, a council member of internet trade body the Internet Service Providers Association is another critic of US patent law.

"Patent law has been bonkers in the US for some time and is becoming bonkers over here," he said. "The UK patent office has only really patented inventions, but the US has extended it to all aspects of human life. The patent system is past its sell by date." Pearson thinks normal copyright and trademark rules should provide sufficient protection.

Meanwhile, other voices are not so much critical of patents as they are of BT's working of the system.

Andy Mitchell, managing director of AltaVista UK and Ireland, said: "BT should focus on innovation and creativity rather than profits over social responsibility. Such exploitation, if allowed, could result in thousands of lawsuits against the company for broken hyperlinks and other such claims. There are betters ways of seeking glory."

BT said the hyperlink concept is covered by a patent it registered in its early networking days. The telco said it applied for the patent with the US Patent Office in 1976, but didn't receive it until 1989. After 11 years its patents on hyperlinks in other countries have expired, but BT has decided it wants US ISPs to pay for their customers' rights to use hyperlinks until the patent expires in 2006.

BT has taken the dramatic step of hiring an intellectual property licensing firm to recover the unpaid fees. Observers have said BT's pursuit of such fees may have to be resolved by US courts.

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