[ILUG] Re: ILUG sends s/w patents briefing document to Irish MEPs

[Paul Jakma]

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.

Indeed.

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.

> 	Colm.

regards,
-- 
Paul Jakma	paul at clubi.ie	paul at jakma.org	Key ID: 64A2FF6A
Fortune:
Evolution is a million line computer program falling into place by accident.