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

[Hartmut Pilch <phm@a2e.de>]

> > 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 :-)
>
> Why the original spirit of the law should be preferred to the modern
> spirit of the law?!? I think it's very important that law can evolve and
> changes in interpretation are simply a part of this evolution.

Within limits.

Look at the quote of M. Vivant and at the article of K.F. Lenz, pointed to
in

        http://swpat.ffii.org/analysis/epc52/

The changes at the EPO in 1986 turned the law into something which no
longer serves any function except for imposing a rhetorical burden, and
which those who support the new interpretation themselves present as
mysterious and unclear.  This proves that their interpretation is no
longer within the limits of permissible interpretation/evolution of law.

-- 
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-18979927
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
270,000 votes 2000 firms against software patents    http://noepatents.org/