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

[Francois PELLEGRINI <pelegrin@labri.fr>]

Re all,

Flemming Bjerke wrote:
> > One can still also say that deciding if human
> > feelings should be patented is a political matter.
> > With this kind of reasoning, one can consider that
> > everything is political, which it is in the sense
> > that one can always pass laws deciding on this. But
> > it is as if one would pass laws that enact that men
> > should fly : it comes to nonsense when law is not
> > backed by moral or by soundness.
>
> The sad fact is that is not non-sense to patent software. It is possible, and 
> it works. (I agree that it works badly and has bad consequences.)
[...]
> I am not sure, but perhaps it is practically possible to patent new ideas of 
> litterature and movies. Hollywood would love it. If it is possible, I am sure 
> EPO will try some day. Probably we would get a similar scenario as with 
> software: Thousands of ideas are files, and because only a minority have 
> economic significance, only a minority are effective.

There is a flaw in your reasoning : the fact
that software patent, as well as biopatents,
"work". This has no meaning.

If you consider that it "works" simply because many
people have gotten some, you mistake means for ends.
In the USA, where firearms are freely available, many
people buy firearms because bandits have some, so the
system of having weaponry "works", but the rate of
crimes is not lower in the US compared to countries
that ban free access to firearms. Pretty the opposite.

This situation is indeed very similar to the one of
software patents. For the joy of weapon makers and
weapon sellers.

Software patents would only "work" if they indeed
favored innovation. Which is not the case, according
to US figures and generalized criticisms heard during
the Federal Trade Commission hearings.


                                f.p.