Re: [Patents] "Betrayal of physics"

[Hartmut Pilch <phm@a2e.de>]

> > Then you need to read some court decisions, perhaps starting with Diamond 
> > v. Diehr, which is very well written and interesting, especially due to 
> > the dissenting minority opininon which is also codified in it.
> 
> Hartmut, is that available on-line?

At

        http://swpat.ffii.org/papers/diehr81/

we currently have only a german translation, the original will follow next 
week.

European court decisions that you should have read, available in English, 
are
 
        BGH Disposition Program 1976
        http://swpat.ffii.org/papers/bgh-dispo76/

        BGH Rolling-Rod Splitting 1980
        http://swpat.ffii.org/papers/bgh-walzst80/

We have no english version of the german correspondent to Diamond v. Diehr

        BGH ABS 1980
        http://swpat.ffii.org/papers/bgh-abs80/

and the later

        BGH Operating System 1990
        http://swpat.ffii.org/papers/bgh1-bs90/

which says that operating system software is not technical and that 
the spheres of copyright and patents must be separate (similar to 
Disposition Program).

It would be very helpful to have these translated to English as well.

There are also a few pro-swpat decisions from BGH in the mean time
(starting with 'Seitenpuffer' (side buffer) of 1991 and culminating in
'Sprachanalyse' (language analysis) of 2000) and a few new BGH/BPatG
decisions

        http://swpat.ffii.org/papers/bpatg17-suche00/
        http://swpat.ffii.org/papers/bgh-suche01/
        http://swpat.ffii.org/papers/bpatg17-suche02/

which show attempts to move back.

Moreover, from the EPO,

        http://swpat.ffii.org/papers/epo-t850022/
        http://swpat.ffii.org/papers/epo-gl78/

are a must read.  They show the correct interpretation of the EPC which 
the EPO changed, "under the pressure of the industry" as commentators of 
the time mostly report, in 1986.

For a historicy overview of this caselaw shift, see

        http://swpat.ffii.org/log/intro/

-- 
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-18979927
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
330,000 votes 3000 firms against software patents    http://noepatents.org/