Capaigning against software patents

Giovanni Biscuolo giovanni.biscuolo at
Wed Dec 4 09:46:55 UTC 2002

Il mer, 2002-12-04 alle 00:00, Xavi Drudis Ferran ha scritto:

> > I'm not saying we lie, but I would argue for simplicity. I'd want 
> > someone to look at our case and in ten seconds have a good idea. I 
> > don't think reading through any quantity of text will help this.
> > 
> Maybe I've been looking at it too much. But I don't think you 
> can get that. It's not so simple. Was it Einstein who said
> "make it as simple as possible, but no more".

Well: as simple as possible

> And we come to an odd point here. You may wonder why I speak of programs
> in patents if I don't want software patents. Computer program patents 
> are forbidden by Art 52.2 of the European PAtent Convention. But Article 
> 52.3 says only programs for computers "as such" are excluded from patentability.
> This makes sense, but it has been so abused that we could well erase Art 52.3.

Well, so would not be better to erase Art. 52.3 and live withoun *any*
patented computer program?
It seems to me this is as simple as possible.

> Why makes sense, though?. Because the correct interpretation is that you 
> cannot patent software as such, but if you have a patentable invention
> (say a chemical plant) when you add software to it (maybe it's the only 
> practical way to control valves so that they react to pressure sensors) 
> it does not become patentable. The criteria is what is the new knowledge.
> Is there some teaching on forces of nature or not?. Did we know that 


> This is only common sense, but we need a clear codification in law 

Do you think that to not accept patentability of ideas - even if very
innovative - expressed in any creative form - included computer language
- is too much simplicistic? Or it is just as simple as possible? ;-)

I fear that even if there is a "clear codification" on the limits of
*software* patentability there will always be a way to circumvent the


Thank you very much, and thanks to all the people committed to this
issues: you are doing a great work.

«Da quando ho letto che lo 0,34% degli australiani si professa della
 "religione dello Jedi" nulla riuscirà più a stupirmi.»
                                       [Andrea Rossato, 31 Agosto 2002]
Associazione Culturale MiLUG            | Xelera - servizi GNU/Linux                    |
mailto:giovanni.biscuolo at      | mailto:g at           
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