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- From: PILCH Hartmut <phm@a2e.de>
- To: Seth Johnson <seth.johnson@RealMeasures.dyndns.org>
- Cc: C-FIT_Community@RealMeasures.dyndns.org, C-FIT_Release_Community@RealMeasures.dyndns.org, fairuse-talk@nyfairuse.org, DMCA_Discuss@lists.microshaft.org, DMCA-Activists@gnu.org, fsl-discuss@lists.alt.org, pho@onehouse.com, patents@aful.org
- Subject: miscommunicating our message with quotation marks
- Date: Mon, 7 Mar 2005 20:10:38 +0100
> The EU Council has just endorsed their draft of the "Directive on
> the Patentability of Computer-Implemented Inventions"
This is indeed the official name.
> The "CII Directive"
Whom are you quoting with your quote marks ?
This name is not used officially anywhere.
The short form is "software patent directive". At the Commission
"softpat directive" has also been used frequently.
Whenever you use the term "computer-implemented invention", you
imply that software solutions are "inventions" in the sense of
patent law, ergo should be patentable.
If you put the term into quotation marks, then you should be
referring to a source.
Anyway, there is usually no reason to use this term.
Everybody understands "software patent directive".
> is designed to codify the European Patent
> Office's ludicrous practice of granting software patents in
> direct contradiction with the European Patent Convention (EPC),
> which disallows patents on software "as such."
Whom are you quoting here?
This again is not a correct quote from the European Patent Convention.
If you quote the convention, you should quote more context.
Then you'll find that the "as such" is not mysterious at all but
fits in very well, as described at
http://swpat.ffii.org/analysis/epc52/
By quoting it in isolation, you are creating the impression that
somehow the Convention has googledygook in it that is difficult
to interpret. Thereby you play into the hands of the EPO.
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