Text 3801, 71 rader
Skriven 2005-04-21 16:38:28 av Adam (1:379/45)
Ärende: Re: Euro s/w patent directive
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From: Adam <acompletemystery@somewhere.org>

Oh & BTW:

"ù define in an untautological way the concepts of ‘technical contribution’ and
‘inventive
activity’, and on the latter specify that only the technical characteristics of
inventions can
be taken into account when assessing it; ù describe the form of applications in
both positive and negative terms, so that, on the one
hand, applications for computer-generated inventions can refer only to
technical products
or processes, and on the other that applications for software programs, in
themselves or on
any supporting base, are prohibited; ù to secure interoperability, strengthen
the confirmation of the rights arising from Articles 5
and 6 of Directive 91/250, by ensuring that when use of a patented technology
is needed
for the sole purpose of ensuring interoperability between two systems, such use
should not
be regarded as infringing a patent."


This is going to put the cat amongst the US tech comp's pigeons.

e.g.:

"by ensuring that when use of a patented technology is needed for the sole
purpose of ensuring interoperability between two systems, such use should not
be regarded as infringing a patent."

So......as an example....MPEG on linux is safe then......

Yaaaaaayyy go go go you froggie socialist <G>

Adam

Adam wrote:

> http://wiki.ffii.org/Rocard050413En
>
> Ah the wonders of changing the rapporteur from an industry plant to good
> old socialist politician...
>
> http://www.europarl.eu.int/meetdocs/2004_2009/documents/DT/563/563744/563744e
n.pdf
>
>
> "software is by nature different. It is immaterial.
> Software is in fact the combination in an original work of one or more
> algorithms, that is to
> say, a set of mathematical formulae. As Albert Einstein has said, a
> mathematical formula is
> not patentable. It is by nature an idea, like a book, a set of words, or
> a chord in music.
> For thousands of years knowledge has been established and disseminated
> by copying and
> improvement, that is by free access to ideas. The fact that modern
> branches of knowledge, at
> least those that have some relation to logic or quantification, can be
> more easily expressed in
> the form of software must in no case lead to our relinquishing the
> principle of free access,
> which is the only way of safeguarding humanity’s luxuriant ability to
> constantly create new
> areas of knowledge."
>
> Adam

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