____/ Mark Kent on Thursday 25 October 2007 10:48 : \____
> [H]omer <spam@xxxxxxx> espoused:
>> Short answer: No.
>>
>> Long answer:
>>
>> .----
>>| Frequently Asked Question: Do software patents exist in the EU?
>>|
>>| Answer: The problem is that software patents exist in some ways in
>>| the EU. The power of patent governance is split between a
>>| legislature, an executive, and a judiciary.
>>|
>>| The legislature (the European Patent Convention) says that software
>>| ideas are not patentable.
>>|
>>| The executive (the European Patent Office) ignores this and
>>| approves software patent applications.
>>|
>>| The judiciary (the national courts) usually declares the EPO's
>>| software patents to be invalid whenever there is a court case.
>>|
>>| So, for the most part, Europeans are safe from software patents.
>>| There are very few court cases because the patent holders are
>>| afraid their patents will be invalidated.
>>|
>>| In 2005, after years of work, we blocked an attempt to change the
>>| legislation. That change would have made software patents valid.
>>|
>>| Today, there are attempts being made, such as the EPLA, to remove
>>| the national courts from patent governance. The people behind the
>>| EPLA want to replace the national courts with a centralised EU
>>| court whose judges will be selected and continually reviewed by the
>>| EPO.
>> `----
>>
>> http://www.freesoftwaremagazine.com/node/2547
>>
>>
>> We must continue to fight to ensure this ridiculous American idea of
>> software patentability never corrupts European society.
>>
>> http://www.nosoftwarepatents.com
>> http://petition.eurolinux.org
>> http://www.eff.org/issues/eff-europe
>>
>
> I suppose we should be pleased that the yanks aren't invading with
> armies, as they keep doing in the middle-east, however, the threat posed
> to our freedom by their awful patent system is huge. It would be good
> to start digging into exactly /who/ runs the EPO, what relationships
> they have, and so on.
Recall their last meeting (there were several report about the question of
software being raised but shot down). Be aware that the Microsoft
Shillcosystem is out there doing its prodding for the Sugar Daddy. Some
businesses in the UK actually called in favour of patenting maths (algorithms)
and business methods.
--
~~ Best of wishes
Roy S. Schestowitz | "Mod me up and I'll mod you 'insightful'"
http://Schestowitz.com | Open Prospects | PGP-Key: 0x74572E8E
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