On Wed, Jun 02, 2004 at 07:47:53PM +0800, Paolo Alexis D. Falcone wrote:
> Business method patents are quite abundant especially in the manufacturing 
> segment.

These aren't technically business method patents.  Business method
patents are essentially, the way they're defined by the USPTO anyway,
patents on a particular way of doing business.  This covers such things
as the mutual fund asset calculator patent and the infamous Amazon
one-click patent.  Manufacturing processes are not ways of doing
business, they are means of making products.

In other words, a business method patent is a thin disguise for a
software patent.

Yeah, yeah, I know it sounds like hair splitting, but that's yet another
reason why all of this "intellectual property" BS needs to go, or at
least reformed in a radically different direction from the way the
powerful and wealthy nations (their governments or the corporations
controlling their governments anyway) want it to go.

> It can be arguably applied to software engineering per se, as the 
> production of software can be construed as akin to the manufacturing
> process.

How?  Frankly, it would seem that the whole process of software
production is about as different from traditional manufacturing
processes as traditional manufacturing processes are different from the
process of making paintings or sculpture.

> Btw, there are quite a lot to watch out on the legal side of IPR, given that 
> there's already an enabling law for patent cooperation - which extends to 
> other countries that ratified the treaty (as the Philippines is already a 
> member of the WIPO since 2001). I guess should software patents be prevalent 
> in this country due to the PCT, we free software engineers would have to 
> constantly consult with our lawyers lest we always find ourselves at odds 
> with IPR infringement.

What we really need to be more worried about is if these treaties our
country is signatory to will extend the reach of copyright, patent, and
trademark law in countries that have draconian versions of the same into
our shores.  Say if I flagrantly violate some patent filed in, say the
United States, and the patent holder decides to take notice.  Could I
get sued for patent infringement here?

Anyone like Pamela Jones of Groklaw with an interest in looking into
these pressing legal issues that affect the practice of Software
Freedom?

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