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Re: Strawmen and Urban Legends

From: Rui Miguel Silva Seabra
Subject: Re: Strawmen and Urban Legends
Date: Thu, 28 Dec 2006 15:52:09 +0000

Qui, 2006-12-28 às 15:52 +0100, Merijn de Weerd escreveu:
> On 2006-12-28, Rui Miguel Silva Seabra <> wrote:
> > Qui, 2006-12-28 =C3=A0s 12:13 +0000, Rui Miguel Silva Seabra escreveu:
> >> criteria. Nevertheless, the software component can't be patented, as
> >> declared in most countries patent law (only a few, like the US, are in
> >> violation of TRIPS, at least according to my interpretation which sees
> >> software delegated to Berne Convention, and Berne Convention delegates
> >> it do Droit d'Auteur/Copyright).
> >
> > As it seems some people still have doubts about the quite clear text:
> There's quite clear text in TRIPS? 
> > It doesn't say "shall be protected as you please".
> Nor does it say "shall ONLY be protected". Why do you think
> it does?

Because the meaning of "shall" implies the *ONLY*.

Of course lawyers exploited the lack of an explicit *ONLY* just as they
have been exploiting the usage of "as such" in the EPC.


+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

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