Re: Software patents ...

[Paul Wouters <paul () xtdnet nl>]

On Mon, 22 Nov 2004, Dave Aitel wrote:

> This is a bit out of yacc.py . So in Python, the IsNot operator is written 
> "not id()". This directly violates their first claim, and pre-dates it, and 
> is public, and as far as I know, renders it invalid.

> Our patent system is basically out of control. But there are ways to fight 
> back.

I think the batle has already been won. The EU can't possible pass the software
patent laws anymore. Things like patenting the is not operator just proofs that
case. I cannot see Bolkenstein defend the question in the European parlimaint:

Q: does Mr. Bolkenstein agree that software patents are essential to the industry?
Bolkenstein: I do not agree.
Q: I am sorry, if you had ben a software program, that answer would have been
   patented by Microsoft. It is questionable whether they would be allowed to write
   your answer in a Word processor program other then Microsoft Word.


I am actually wondering if that isn't why Microsoft has done it. They're based in
the US, and will only be harmed by not being able to properly compete (read: abuse) 
with European companies who can ignore the software patents.

If Europe doesn't recognise software patents, we get the same thing as we got
with crypto. Non-US companies have an advantage. But by now, even within the
US there is enough resistence against software patents. I believe software
patents will soon be a thing of the past.

(unfortunately, hardware hacks to enforce legally unenforcable rights will stay
 with us for a while)

Paul
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