[Patents] Re: [Patents] Re: source vs binary.

[Bernard Lang Bernard.Lang@inria.fr]

On Mon, Dec 13, 1999 at 09:58:37AM +0100, Jean-Jacques de Jong wrote:
> Nick Fleming wrote:
> > 
> > Jean-Jacques de Jong wrote:
> > 
> > >You must distinguish between source code and binary code. Distribution
> > >of binary code clearly falls within the scope of a patent, even in
> > >Europe. The question is what happens with the distribution of source
> > >code.
> > >
> > 
> > Why should there be a distinction between binary and source ?
> > Many languages are interpreted rather than compiled, and
> > modern executables usually contain enough debugging information
> > to be viewed + understood (if not completely)  with a dissassembler.
> 
> Simply because source code is human readable whereas binary code is not.
> The source code is a human readable expression of the operation of a
> program. The teachings of a patent are meant to be disseminated: someone
> cannot be sued for doing that. The distribution of source code of a
> patented program is only another means of disseminating the technical
> teachings.

this is pure nonsense... and you know it, since the source code can
be changed into object code without human intervention.

I will not admit to stupidity, even supported by lawyers.

> Source code is to software what detailed plans are to a device.
> 
> > ...
> > Software therefore, must be an expression of an idea, (and covered by 
> > copyright) 
> > rather than an invention in its own right.
> > 
> 
> That's another battle. We must now admit that software is patentable and
> find a way to distribute open source software without risk.
> 

Sorry .. I admit nothing ...

The EPO has been distorting the law it was supposed to protect. That
is no reason to endorse. It is reason to fight the bastards. By all
available means.

In any case, any time you admit something to the bastards, the just
use it a a base to ask for more. There has to be a line, and it is
behind us.

Bernard


-- 
Bernard.Lang@inria.fr             ,_  /\o    \o/    Tel  +33 1 3963 5644
http://pauillac.inria.fr/~lang/  ^^^^^^^^^^^^^^^^^  Fax  +33 1 3963 5469
            INRIA / B.P. 105 / 78153 Le Chesnay CEDEX / France
         Je n'exprime que mon opinion - I express only my opinion
                 CAGED BEHIND WINDOWS or FREE WITH LINUX