Re: [Patents] The politics of software over-protection -- moving forward..

[Bernard Lang <Bernard.Lang@inria.fr>]

On Fri, Apr 25, 2003 at 10:23:35PM +0200, Erik Josefsson wrote:
> On Fri, 25 Apr 2003 13:24:33 -0400 (EDT)
> Russell McOrmond <russell@flora.ca> wrote:
> 
> > On Fri, 25 Apr 2003, Hartmut Pilch wrote:
> > 
> > > For the US I'd also say that "computer programs are not patentable
> > > inventions" as stated in Art 52 EPC and held true until the early
> > > 80s almost everywhere, is still the right message.  There can be
> > > other messages, but they are measured not by tactical arguments but
> > > by whether you are able to transmit them to politicians.
> > 
> > We can argue that the court rulings that have suggested that computer 
> > programs are patentable in the USA are lower courts and not parliament
> > or the supreme court, but they are still courts -- and what they say
> > holds until it is challenged in a higher court.
> 
> In Europe, we can not argue that this is not crap:
> 
> "4.2 In order to establish the scope of the exclusion from patentability
> of programs for computers, it is necessary to determine the exact
> meaning of the expression "as such". This may result in the
> identification of those programs for computers which, as a result of not
> being considered programs for computers as such, are open to
> patentability." - EPO Technical Board of Appeal decision T 1173/97
> 
> http://www.european-patent-office.org/dg3/biblio/t971173ep1.htm
> 
> (dont ask me why the link to the complete document from where the quote
> is is broken)

actually I think the proper link is 
http://www.european-patent-office.org/dg3/pdf/t971173ep1.pdf

which was accessible from the page given by Erik.
(I have a copy)
   But reading religious texts would be simpler to understand and
probably more profitable for your soul and sanity.


and just one word to Russell.  I do appreciate what you say and
intend.  It is what any sensible and rational citizen would/should do.

Yet, from my experience of 3 years (discussing with high
administration, politicians, IP executives in corporations and
lawyers), it is utterly naive.  You are dealing with raw power,
nothing else.  And that may include corruption.
  As to the statements made by the Aharonian ... they represent only
its defense of its business.  i.e. essentially nothing in this
struggle, except possibly a diversion to kill the discussion.  We have
local Aharonians in europe, whose main activity is to kill rational
discussions by repeating the same statements over and over, and trying
to make it sound like it is specialists debating.  It took me six
month to debunk one on a discussion list.  I came to suspect that they
could actually be paid for it.

  But good luck.  Canada may be better.

Bernard



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