From Bernard.Lang@inria.fr Fri, 17 Dec 1999 16:03:52 +0100
Date: Fri, 17 Dec 1999 16:03:52 +0100
From: Bernard Lang Bernard.Lang@inria.fr
Subject: [Patents] Re: [Patents] Re: source vs binary.

On Tue, Dec 14, 1999 at 11:12:19PM +0000, Jean-Jacques de Jong wrote:
 
> As regards interpreted languages, IMHO a software patent would only
> apply to the binary code temporarily produced by the interpreter.

In most cases, there is no such thing.

> So
> only a user would fall under the patent, not the distributor of the
> program. 

> >     Greg Aharonian and Jean-Jacques de Jong are right
> > though - we're stuck with software patents (for now)
> > and need to find a way to work within the legal system
> > to make them fair for everybody. Having said that,
> > I agree with Bernard Lang on one point: Just because
> > there is a law on something doesn't necessarily make
> > it right. Otherwise, if a government made hanging children
> > under four years old legal, we'd all agree it was fair..right ??
> 
> The grant of software patents is one thing, and how they will be applied
> is another: the two things are not decided by the same people. It is not
> because a patent has a given theoretical coverage that a judge will
> necessarily accept this coverage. A patent is a text of law. If the law
> is considered bad, the judges will not apply it litterally, but
> interpret it in a way they feel equitable. 

and only local law will say what is actually protected by the
patent...  and what penalties are for infingement, and when there is
(contributory) infringement.



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