Re: [Fsfe-uk] Software patent MEP response

[Alex Hudson]

On Tue, May 20, 2003 at 02:01:22PM +0100, Robin Green wrote:
> Oh, great. So possessing it (covered code) will not be illegal, but
> running it will be. What an improvement, not.

Heh, better than that. Software is not the only excluded area covered by
the "as such" loophole^Wclause, scientific theories, mathematical 
methods, literary works, business methods, mental acts, methods
of playing games, etc., are all prevented from "being treated as an 
invention for the purposes of this Act only to the extent that a patent 
or application for a patent relates to that thing as such."

Clearly, if a technical effect can be found in software, it could also be
found in a game, for example. Like a particularly vicious skip-rope game
based on simple harmonic motion or something. 

So, when they get software through, we get the American system whereby
anything is patentable.

(BTW, if you think the above is untrue, ask yourself why a 'technical 
effect' that might be found in software would not be found, say, in a 
method of doing business).

I've been told the vote on this might be delayed, but I haven't managed
to find out what the new date is (if, indeed, it has been delayed).

Cheers,

Alex.