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

[Jean-Baptiste Soufron <jbsoufron@free.fr>]

> Of course not. Neither should those that have nothing to do with
> computer programming make laws over something they understand zero
> about. So they are doing a law on something they understand a lot:
> improving their profit through harmonically giving way to software
> patents.

By the way, how are selected the members of the EPO? 
 
> > That's my only argument : computer scientists can't just come and
> > say what's next, they have to discuss about it and make concessions.
> > 
> 
> But the jurists can, as they have been doing?

Well, as I said before, jurists are in between. They have to deal with
conflicts... when only one side is fighting for its interets... the
winner is easy to guess. That's what happened with software patents but
it's always possible to get things to change. The stop of the directive
is already a very big political victory that will have stront
implications amongst jurists.

> > But this is just THEORETICAL as computer scientists are COMPLETELY
> > EVICTED from the current legal process. But jurists also are. As you
> > can see, the patent directive is a complete legal mess absolutely
> > meaningless and that can be twisted in many ways. Of course, it was
> > never written by jurists but it was directly written by lobyying
> > groups.
> 
> The directive proposal, as amended by the European Parliament, is much
> much better. At least the major gaps closed and both 'industrial' and
> 'technical' have clear definitions setting to stone that software is
> not patentable.

It's more clear but it's not enought to me. The EPO still can try to
push its own interpretation and defend it. 

I really think there should be a special legislation for softwares. They
are an important part of our life today and they deserve it. Neither
patents nor author's right are a good solution for software protection!
This is just my personnal point of view but I know other people who
share the same point of view. 
 
> The lobby groups include in a great part patent lawyers, 

IP Counsellors please :-)

> who fall in my
> definition of jurists, who have a vested interest in that there be
> software patents.

You know, most jurists just don't care about computer law. Exactly like
most computer scientists just don't care about the evolution of divorce
law... And don't forget that everything was made with the benediction of
politics.