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- From: Flemming Bjerke <flem@bjerke.dk>
- To: patents@aful.org
- Subject: Re: [Patents] You have rights.. Software Patents are Illegal
- Date: Fri, 14 May 2004 12:48:31 +0200
Fredag 14 maj 2004 13:22 wrote Francois PELLEGRINI about Re: [Patents] You
have rights.. Software Patents are Illegal:
> These "technical" elements are hardware.
> The software which operates the VCR only
> manipulates symbolic information, which has
> no technical effects in itself.
In the VCR, the symbolic information is matter and nothing but matter. It has
no effects since it is static. You may define this kind of symbolic
information as not being technique (as the EU-parlament did), but not by
asserting such information is mind.
> It is when
> these symbolic information is turned into
> material actions, by means of (patentable)
> peripherals, that technical effects may occur.
It is because the information is material that it can have material effects.
If you like, you may define these effects as non-technical to the extent that
their outcome is production or transformation of information. But, still the
information and processing of information is not mind. Therefore, others may
define it as technique without any logical or scientific problems.
>
> Within the computer, material aspects of the
> coding of information are a means.
In the computer, there are nothing but material aspects.
> Outside of the
> software part, that is, within the VCR hardware,
> it is the end, and thus is patentable.
According to EPC, yes. It should be so, yes. But, unfortunately this cannot
be
derived from a law of nature saying "software is not technique".
>
> You can always run the same software on a simulator/emulator,
> and get the very same behaviour of the software, without
> generating any technical effect. Therefore, Software is NOT
> technical. Period.
Information, e.g. software, is still strictly material in a simulator/
emulator. So, also in the case, people are free to define software as
technique, if you like.
My point is: That software is not technique, is not a law of nature, but a
wise political decision. It is a question about power, domination and
democracy, not about the ontology of mind and matter.
Flemming
- Re: [Patents] You have rights.. Software Patents are Illegal, (continued)
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