[Fwd: Re: [Fsfe-uk] Software patent tactics]

[Chris Lale]

I have written to a number of MEPs, extending the software patenting
music analogy
http://www.coolscience.co.uk/free-software/software-patent-music.html
to include the "technical effect" or "technical contribution" of software:

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Music for the film "Jaws" uses a "musical effect" (analogous to the
technical effect in software). The musical effect is a repeated two-note
figure in the bass similar to the two-tone horn of a UK fire engine.
This effect is used to suggest "suspense" due to the proximity of a
dangerous shark. The film producers can already protect the music using
copyright. If they were also allowed to patent the musical effect, the
undesirable results would include:

      - Any other piece of music using the effect would be subject to
court action, even if the motif were a complete re-invention.
      - Alternative "suspense" motifs, although different, might be
considered a development of the "Jaws" motif and also be subject to
court action.
      - Music development would be inhibited or prohibited.
      - Large entertainment enterprises would make extra profit for no
creative effort (through licensing).
      - Small entertainment enterprises would not be able to compete due
to license costs and/or legal penalties.

It is difficult to imagine any justification for the imagined patenting
of music. Replace "music" and "entertainment" with "software" and you
get an idea of the effect of the proposed EU Commission directive.
Surely this is just as retrograde?
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I could modify the original article to include this argument if anyone
thinks it would be useful.

Chris.
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