> Software patents in Europe do not hold and have been
> discussed a lot in recent years in the context of the
> European Union.


Software patents are allowed in Europe, contrary to popular belief, but
they are held to a stricter (arguably saner) standard and specification
than they are in the US.  So it isn't that there are no software patents
in Europe, it is just that they have substantially different scope than
US software patents.  As a consequence, there aren't nearly as many
patents for things like the infamous Amazon 1-click patent.

I would still maintain that some algorithms should be patentable (e.g.
the RSA algorithm) in any consistent patent system, and that if you
don't allow patents on these types of inventions -- which are clearly
qualified by any universal standard -- then you can't reasonably allow
patents on ANY type of invention.  I do object to arbitrary, capricious,
and inconsistent determinations of what is and isn't patentable, which
makes up the foundation of most of the arguments against software patents.

As an example, general algorithm patents in software are EXACTLY
analogous to chemical process patents, yet these are treated as though
they are entirely different things in these debates.  Folks need to
decide whether or not patents are a good thing (we can always go back to
Trade Secrets), and live with the consequences of consistent
application.  Acting as though algorithms in software are different than
algorithms anywhere else is disingenuous.


j. andrew rogers


-------
To unsubscribe, change your address, or temporarily deactivate your subscription, 
please go to http://v2.listbox.com/member/[EMAIL PROTECTED]

Reply via email to