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

[Bernhard Rohrer]

>
> Well,  AFAIK it's much easier to argue against earlier decisions. 
According to that fount of reliable knowledge ;-) Wikipedia, indeed 
germans do tend to consider a form of precedent in a fashion similar to 
america, but they also _don't_ consider it binding over what laws 
actually say (AFAIK, here and in England,  laws ARE what the case law 
says, written "laws" are merely "statutes", or something like that.):

pretty much.

The law is binding. precedent is not, although it provides a common 
interpretation of law. but every judge is at liberty to decide that 
former decisions do not apply. Also every judge can decide that in this 
case the applicable law does not apply as it violates the constitution 
and then rule by the constitution. likely that kind of thing will then 
end up in front of the constitutional court ;-)

cheers

Bernhard