[Patents] DeCSS, source code and software patents

[Xuan Baldauf xuan--swpat@baldauf.org]

PILCH Hartmut wrote:

> [...]
> But one could for reasons of political expediency allow material
> embodiments like firmware or mp3 players to be patented, as long as it is
> clear that the software embodiment can not become the target of any
> claims.
>
> There are some areas in industry where people have become so used to
> patenting software inventions (such as a motor with an ABS control system)
> that they might be unhappy if these inventions are no longer patentable.
> And patenting them doesn't do much harm, as long as only the whole
> device and not the information is targeted.

You know that this can open a can of worms? If software "as such" cannot 
infringe a
patent: fine. But software "as such" is always useless for us. We need a 
computer
processing the software to make use of it. If someone says "Gee, I do not 
patent
some software, I patent some software in combination with a general purpose
computer". So reimplementations may be written, but not used, because their 
usage
will always be in combination with a computer. This would be unbearable.

Xuân.