On Mon, 2011-03-07 at 07:48 -0800, Cédric Beust ♔ wrote: > > > On Mon, Mar 7, 2011 at 7:19 AM, Reinier Zwitserloot > <[email protected]> wrote: > A world without software patents already exists in europe, > more or less > > > That's a common misconception.
Interestingly this page says exactly what Reiner said it did:
The European Patent Convention (EPC), Article 52, paragraph 2, excludes
from patentability, "in particular
discoveries, scientific theories and mathematical methods;
aesthetic creations;
schemes, rules and methods for performing mental acts, playing games or
doing business, and programs for computers;
presentations of information."
So computer programs cannot be patented in Europe. Nor can user
interfaces! The UKIPO still does not give patents on software, but has
asked the UK government for guidance -- this is still pending. The EPO
has slipped in a few software patents, bullied by various big
international companies, that are being used to test the system, seeking
a change in the law in all EU member states via a European Directive.
The last attempt to get software patents in Europe was via an amendment
to a farm bill slipped in by the Commission and the Council, but
defeated very publicly in the Parliament -- thank goodness.
If software patents are such a good thing, why all the subterfuge and
surreptitious behaviour to get them in place? Definitely a rhetorical
question that leads to conspiracy theories. Sadly though the
conspiracies are genuine :-(
And then there is ACTA.
--
Russel.
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Dr Russel Winder t: +44 20 7585 2200 voip: sip:[email protected]
41 Buckmaster Road m: +44 7770 465 077 xmpp: [email protected]
London SW11 1EN, UK w: www.russel.org.uk skype: russel_winder
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