From phm@a2e.de  Wed Nov 22 16:38:01 2000
Date: Wed, 22 Nov 2000 17:38:01 +0100 (CET)
From: PILCH Hartmut phm@a2e.de
Subject: [Patents] Re: Diplomatic Conference

> Moreover, in German tax law, "gewerblich" means something like
> "related to merchandisable goods".  Services are not "gewerblich".  
> Thus even the abridged expression "gewerbliche Anwendung" when wrongly
> taken for its face value of today would put in doubt whether computer
> programs can be subject to patentability.  Computer programs can of
> course be turned into something merchandisable goods, but what you
> really sell here is not a tangible good and not even a piece of
> information but only a only a copyright license.  Pieces of
> information are not limited to one owner. Merchandising them always
> means reducing their functionality, crippling them.  To talk about a
> "software product" or a "software industry" or "software engineering"
> therefore is only a confusing metaphor not suitable for forming a
> basis of any sound legal theory.

Likewise, people talk about the "music industry" or the "sex industry".
Apparently chord sequences and sexual techniques should be patentable as
well.  And are probably, if you don't define concepts like "technical",
"industry" etc clearly, based on sound theories rather than on
metaphorical usage in colloquial language.

-phm





