Re: [Patents] You have rights.. Software Patents are Illegal

["Olivier Laurent" <oli@aragne.com>]

On ven, 14 mai 2004, at 09:51, Flemming Bjerke wrote:
> Søndag 09 maj 2004 18:27 wrote Gregory Aharonian about Re:  [Patents] You 
> have 
> rights.. Software Patents are Illegal:
> > >Therefore proposals to extend patentability into data processing place
> > >us in express violation of the WIPO Copyright Treaty, The Berne
> > >Convention, The Software Copyright Directive and the TRIPS Treaty itself.
> >
> > NO, software patentability does not conflict with these treaties.
> 
> I think you are right. In WIPO and TRIPS, computer programs are not thought 
> about as patentable. They are neither mentioned in the patent articles of 
> TRIPS nor in PCT, but they are mentioned in the copyright rules of both 
> treaties. (WTO's remarks in the overview to TRIPS have next to no legal 
> weight.)
> 
> Consequently, there are simply no rules dealing with patenting of software. 
> But, patents should be issued in all fields of technology. Whether software 
> was technology or not, was not on the agenda when TRIPS and PCT were 
> ratified. This leaves it definitely open whether software may be patented 
> or 
> not according to these treaties. 
> 
> Pilch has argued that from a philosofical (ontological) point of view, it 
> is 
> beyond doubt that sofware belongs to the realm of the mind, not to the 
> realm 
> of matter, and since technology belongs to the realm of matter, software is 
> not technology and cannot be patented. I must admit that it is a strong 
> argument (with a lot nuances and important references to jurisprudence I 
> ignore here). But, I do not think it is absolutely convincing. For two 
> reasons that mutually enforces each other: 
> 
> 1. It seems quite evident that when a computer runs a program, it is 
> technique.

I dont agree. When your video tape recorder plays "Matrix reloaded",
there is a 'technique' involved but "Matrix reloaded" is protected by
copyright and not patents, right ?

-- 
Olivier Laurent.
P3B    : Club Python(-Zope) Belge ---------- http://www.p3b.org
OS3B   : Club Open-Software(-Linux) Carolo   http://www.os3b.org
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