Article "Software patents should include source code"

Xavi Drudis Ferran xdrudis at
Tue Mar 4 06:59:44 UTC 2014

A 03-03-2014 10:55, Matthias Kirschner escrigué:
> Joinup has a summary from discussion about software patents:
> Next week I will be in a panel discussion with the European Patent
> Office at Cebit, and I am interested in your opinion about the article.
> Regards,
> Matthias

I know many people don't understand or agree with this basic 
epistemology, but
software is immaterial. It's more or less what they mean when they say 
it's "thought".
What software is has nothing to do with any physical force, magnitude or 
The same that any software says (and therefore does, because a program 
is just an
explanation on how to solve a problem with a computer) is maintained if 
you change
all physical details of support or computer running it.

A patent is a deal whereas society (we all) give away our freedom to 
commerce on
an invention in exchange for information about an invention (that 
otherwise we
assume ther would not exist or would not be public). You keep the 
exclusive use of your
invention if you give away all relevant information on the invention.

Inventions have never in Europe included software. Inventions are 
physical, material,
are methods of using forces of nature to your benefits. If you try to 
force software
to be regarded as an invention you reach a fundamental contradiction, 
software is information, you can't make the invention be information, so 
now the deal is :
You keep the exclusive use your information if you give away all 
relevant information on
the information.

The contradiction appears clearly. Either you publish the relevant 
information (source open)
and don't patent or you patent without disclosing anythign meaningful
Software patents will never have full disclosure . The patent system is 
inconsistent applied
to software. Economic or political opinion does not matter. It's 
essentially flawed, not
amtter anyone's colorful ideas.

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