On Sun, 20 Mar 2005, Colm Buckley wrote:
> extremely difficult to write unencumbered software. The trouble
> with the current system is that patents are held on many methods
> and devices which are trivial yet essential.
Would the software patent debate be as heated if the patent system
weren't as broken?
Do we want an exemption of software from patents on principle, or out
of pragmatism (ie, dont extend the scope of a broken system until the
system is fixed)?
I think its important to distinguish between the two types of
arguments, because the latter arguments could potentially still sway
even someone who is otherwise pro-patent. Indeed, one can quote the
CxO's and legal counsel of at least several big corporations who are
generally pro-patent as part of these arguments (the same big
corporations who have offered opinion to the EU in the drafting of
this directive, no doubt).
The former class of argument is likely to run into brick walls of
entrenched positions, regardless of merit. Further, one can do no
more than draw a very fuzzy line, I suspect.
Paul Jakma paul at clubi.iepaul at jakma.org Key ID: 64A2FF6A
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