Re: [Patents] newsscan: Software patent limits 'go too far'

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

On Tue, Oct 21, 2003 at 10:37:45PM -0400, Russell McOrmond wrote:
>  
> On Tue, 21 Oct 2003, Gregory Aharonian wrote:
> 
> > To that extent, I view C computer programs no different than I view
> > digital hardware circuit diagrams - two different but logically
> > equivalent ways of representing a specific machine.  And therefore both
> > equally patentable.
> 
>   You must eventually admit that that this is a personal perspective, and
> another valid perspective is that both should equally not be patentable.  


The point is : there are not equivalent

The role and justification of patents is economic.  Patentability is
there if it encourages investment is innovation, disclosure and
industrialisation.
  The economics of hardware and software are different, even though
functionality may be the same.

   hence while patents might be justified in one case, they may not be
in the other case.

>   You can agree with your suggesting that they are equivalent without
> agreeing that either should be patentable.  The manufacturing process used
> to produce the FPGA should be patentable, but I see no reason or logic to
> considering the programming itself to be patentable.
> 
> > Is this all a bit of playing word games?  Sure, but EPO was given this
> > power by politicians too ignorant to understand software, and too lazy 
> > to deal with this issue themselves.
> 
>   If experienced people like those in this forum cannot agree on the
> nature of software (and clearly we do not!), how can you expect outsiders
> like politicians to?  Your constant name calling against people you
> disagree with also doesn't help the situation at all.

because some people in this forum has a vested interest in creating
confusion so that politicians will be lost.  An old and very standard
practice.

Would you ask turkeys whether thanksgiving is a good idea, or
shoemakers whether walking barefoot is a good idea.  Don't ask Greg?

Bernard

> 
> ---
>  Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
>  Governance software that controls ICT, automates government policy, or
>  electronically counts votes, shouldn't be bought any more than 
>  politicians should be bought.  -- http://www.flora.ca/russell/
> 
> 

-- 
         Non aux Brevets Logiciels  -  No to Software Patents
           SIGNEZ    http://petition.eurolinux.org/    SIGN

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