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

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

On Fri, 24 Oct 2003 12:06:10 +0200
Jean-Michel POURE <jm@poure.com> wrote:

> Le Vendredi 24 Octobre 2003 11:24, Jean-Baptiste Soufron a écrit :
> > So, consensus often appears in courts long before any law can be
> > discussed in parliaments. I could give many examples like abortion,
> > homosexuality, worker protection and so on. Of course there are
> > contrary examples. Just as I said, the three powers have to combine
> > their action to create consensus.
> 
> With a slight difference: Democracy includes the germs of
> totalitarism, because it allows everyone to speak, which can result in
> extremists making laws.
> 
> Take the examples of nazification after 1933 or of the abolision of
> the Republic in France in 1940. These laws were perfectly legal before
> 1945. Who would think it was possible at the time to fight these laws
> in court?
> 
> As a result, we must always make a difference between "totalitarism"
> laws and "liberty" laws. Patents laws on software are "on the
> totalitarism side", as they could derive pretty quickly into fascism.
> 
> That makes a difference, don't you think?
> :)

Not really, everything can always derive to totalitarianism... To my
mind, it happens when the discussion is broken and when law can't evolve
anymore. Just a personnal opinion.