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

[Jean-Michel POURE <jm.poure@freesurf.fr>]

Le Mercredi 22 Octobre 2003 23:08, Seth Johnson a écrit :
> 1) Is software patentable in the first place?

No. It never was, it never will be.

> 2) Why is the EPO granting software patents?

In my opinion, but I may be wrong, it is a question of financial demand.

After the telecommunication crash, IT companies having difficulties in 
business looked for new marketing way to promote their stocks. The patents on 
software are a very convenient way to pretend : "Look, we are a rock-solid 
company, we invented the bush-button".

On the same vein, you could well ask "Why do people buy junk bonds?". The 
answer is not simple. Everyone knows that the bonds are junk. And people buy 
them. So the financial markets release them.

Same as for patents on software: financial directors asking for patents know 
this is crap. Investors are well aware that companies registrating patents 
will not make bigger profits. Even people working for the EPO know that this 
is a stupid market comparable to selling land on the moon.

But, because of the financial logic, they go for it. Of course, this will 
lead 
to a financial disaster.

In a way the largest danger is making 'unreal' laws which will never be 
applied. It leads to situations where the man in the street does not believe 
in politics

Just like in Eastern-Europe or the Soviet Union before the end of Communism. 
Don't get me wrong, I do not make a comparison between Patents on Sofware and 
Communism.

During the Communist years, one very interesting syndrom was the making of 
"unreal" laws. The main goal of these laws was to "pretend" and "boast" the 
advantages of communism over other systems. But the reality was completely 
different. A governement could boast "liberty" and at the same time "torture" 
opponents.

Just like Health industries prentend to "save" people and at the same time 
make 40 millions "deads" in poor countries.

This notion of "unreality" is what frightens me most in the question of 
patents on sofware. This is the reason why I will commit myself to fighting 
against these proposals of laws. I would not like to see our governement and 
laws become completely absurb.

We do not live in a Kafka world. Don't try to pretend there is a "castle" 
which can be reached with patents. This is crap and we will fight against any 
"unreal" ideas like registration of a "push-button". Software, because they 
are ideas, cannot be patented.

Best regards,
Jean-Michel