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

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

You still think that law is organised following a pyramidal architecture
like (for example) : Constitution -> written law -> governement ->
courts. 

But it's not like that. Practically, law comes from everywhere at the
same time with various strength. Sometimes the strength of commercial
law is stronger than civil rights, but sometimes not. Even moral values
have a real judicial strength without being ever said nor written. 

Maybe commercial law is stronger on that point. It's not a problem if we
keep in mind that there are other origins of law than just commercial
law : legislation, constitution, morals, court rooms... To some extent,
even political activism can be said to be part of the origin of law. 

> If we ask IBM to "<<<defend>>>" free software, we feed the idea that 
> commercial law is superior to Civil Law, the Constitution and our
> Civil Rights. This can never happen.

-- 
Jean-Baptiste Soufron, Doctorant
CNRS - CERSA Paris 2
http://soufron.free.fr
icq : 15127744
jabber : soufron@jabber.org