[Patents] reply by evasion

[srctran@world.std.com (Gregory Aharonian)]

> blah blah blah ....  Any anyone who tries to define a borderline based
> on subject matter / technical character is doing something "ill
> defined".

Sorry Hartmut, but when the EPO Board of Appeals and the German BGH
Court use "technical effect" as a criteria to reject a patent, while
admitting that they don't have a well-defined definition of
"technical effect", that is bad jurisprudence.  Such decisions ar
inherently illogical and will ultimately be overturned with a well
reasoned argument which does formally define "technical effect" and
prove that both software and business methods satisfy such a formal
definition.  I am appalled by the intellectual laziness I see coming
out of Europe on both sides of these issues, in not trying to better
define and understand these terms, and use them properly and logically.

What's even funnier is that some of the best work in the field of
business methods as technical processes is being done by German
computer scientists and mathematicians.  I find it incredible that
all of these people in Europe are talking about software and business
method patents without referring to some of the cutting edge work
being done in Europe.  More sloppy research into such issues.

And to shut up your hysterics and hissy fits, this fall I am giving
a lecture at a European IP conference where I will be presenting my
formal arguments on this issue.  So why don't you spend the next
few months sipping some nice German beers, learning to relax and
enjoy your fellow people, while those of us seriously addressing
these issues do so.

But I must compliment you on one thing.  I was glad to hear that you
don't accept money for employment at the Open Source company that
you work for.  I find that very admirable, especially since it makes
it impossible for me to accuse you of self-serving hypocrisy for
arguing a position that is successful (i.e. more open source, less
patents) would mean more business for your company and more income
for you.  But I can't excuse you of such unethical behavior (unlike
myself, whose sole motivation is to be as self-serving greedy as 
possible by perpetuating a bad patent system so I have more patents
to bust), because you don't accept money for your employment.  You
truly are a great man - pure in your intentions.

So everyone, three cheers for Hartmut - whose nobility and self-sacrifice
makes him the beacon of integrity in the patent world.  Hip Hip Hooray for
Hartmut.  In fact, I would even be willing to donate to a fund to help
support Harmut financially (even though I disagree with his arguments)
since he is sincere enough to not accept money for his involvement in
the Open Source industry (an industry which would benefit if patents
were weakened, however illogically it was done so).

Greg Aharonian