It seems that finally someone in Brussels has seen the light.<\/p>\n
\t\tI just stumbled across a somewhat lengty but nonetheless well-written and even for \n\t\t\tSoftware is in fact the combination in an original work of one or more algorithms, that […]<\/p>\n \t\t\tFor that work to be communicable and have an effect, a part must start to move, an […]<\/p>\n “Technical field” means an industrial field of application […]<\/p>\n To enable the directive to permit the patenting of \t\tAs you read, he makes some pretty good points there, so let’s hope this amendment will On a personal note, I really would like this directive to become reality, in the It seems that finally someone in Brussels has seen the light. I just stumbled across a somewhat lengty but nonetheless well-written and even for non-laywer types like me understandable working paper from economist and former French prime minister Michel Rocard, who is – and that’s probably the most important thing – the European Parliament’s draftsperson… Continue reading on software patents – light at the end of the tunnel?<\/span>
\nnon-laywer types like me
\nfrom economist and former French prime minister Michel Rocard<\/i>, who is – and that’s probably
\nthe most important thing – the European Parliament’s draftsperson or “rapporteur” on the directive,
\nand so it is likely that his views will be taken very seriously. (Well likeliness of this kind of
\nthings has more than once proven to be worthless, thanks mr
\n“I-can-ignore-both-my-national-and-the-European-parliament”-<\/i>Brinkhorst, but there’s hope
\n…). I’ve ripped a couple of lines from the paper which should give a fairly good idea what Rocard
\nwants to see as directive with respect to the software patents issue, here we go:<\/p>\n
\nis to
\n\t\t\tsay, a set of mathematical formulae. As Albert Einstein has said, a mathematical formula
\nis
\n\t\t\tnot patentable. It is by nature an idea, like a book, a set of words, or a chord in
\nmusic.<\/p>\n
\nelectrical,
\n\t\t\tradio or light signal must be produced, data must appear on a screen, or some physical
\neffect
\n\t\t\tmust be unleashed. What is evidently patentable are, firstly, the sensors and, secondly,
\nthe
\n\t\t\teffectors that supply the computer with data processable by the software and that obtain
\nfrom
\n\t\t\tthe data ultimately produced by the software in its language a physical effect
\nconstituting the
\n\t\t\ttechnical so lut ion to the technical problem posed. The distinction that we are
\nafter thus
\n\t\t\t\tseparates the immaterial world from the material, or rather, from the physical
\nworld.<\/strong><\/p>\n
\nrequiring the use of controllable forces of nature
\n\t\t\tto obtain predictable results in the physical world.<\/p>\n
\ncomputer-generated inventions while
\n\t\t\tpreventing the patentability of software programs, it will be necessary to address the
\n\t\t\tfollowing points:<\/p>\n\n
\n\t\t\t\t\tprocessing of the data should not be regarded as a technical field within the
\nmeaning of
\n\t\t\t\t\tpatent law, and that innovations in the processing of data do not constitute
\ninventions
\n\t\t\t\t\twithin the meaning of patent\n\t\t\t\t<\/li>\n
\narising from Articles 5
\n\t\t\t\t\tand 6 of Directive 91\/250, by ensuring that when use of a patented technology is
\nneeded
\n\t\t\t\t\tfor the sole purpose of ensuring interoperability between two systems, such use
\nshould not
\n\t\t\t\t\tbe regarded as infringing a patent.\n\t\t\t\t<\/li>\n<\/ul>\n<\/blockquote>\n
\nbecome reality. For the mere humans that don’t fully understand the legislative procedures of the
\nEuropean Community, in short, an absolute majority of the members of the European Parliament in the
\nsecond reading on June 6 is necessary to prevent Rocard’s working paper from entering into force as
\ndirective. (See
\ndetails on European legislature.)<\/p>\n
\nhope that I’ll not lose my freedom as an Open Source software developer, and that I will maybe at
\nsome point regain a little trust in all the effects the process of European integration brings to
\nus.<\/p>\n","protected":false},"excerpt":{"rendered":"