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

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

excellent contribution



On Thu, Oct 23, 2003 at 10:08:06AM +0200, Jean-Michel POURE wrote:
> 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
> 

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