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

[Simo Sorce <simo.sorce@xsec.it>]

On Tue, 2003-10-21 at 23:05, Jean-Baptiste Soufron wrote:
> On Tue, 21 Oct 2003 18:54:42 +0200
> Simo Sorce <simo.sorce@xsec.it> wrote:
> 
> > I think what matter is the spirit of the law, not how skillfull you
> > are in twisting words ...
> 
> The spirit of the law is not only what YOU see in the law but also what
> other people will see in it and how it will evolve with time... 

Well probably I should have said: "the original" spirit of the law then
:-)

> The law is not only what is written but also the way judges interpret
> the texts and the way people choose to defend themselves. Everything has
> to be taken in consideration.

sure, but there are limits.

> That's why, whatever the european law will state, it can't be said that
> it's a victory or a defeat for software patentability unless there will
> be some cases in front of courts or unless people will begin to follow
> the same global pattern.

true

> It's not a matter of "twisting words". It's a matter of defending your
> point of view and being able to make it prevail! Trying to invoke
> something like "the spirit of the law" is nothing else than claiming
> that your own point of view is the best one without trying to argue in
> favor of it. 

When I say: the spirit of the law, I mean what original writers of the
law wanted, not what I want the law to be. I find very uncomfortable to
think the law can be twisted based on what people thinks ... I would
prefer the law to be changed if people change their minds ... but then
getting back on the earth I fully understand and agree on what you say,
world is not perfect at all and when humans are involved al the strange
can happen :-)

Simo.

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