El Thursday 24 May 2007 16:13:47 ObjM2 escribió: > On May 25, 2007, at 1:01 AM, Terry Moore-Read wrote: > > The US Supreme Court said nothing of the sort. How could they possibly > > be ruling on what is and is not legal in the EU? > > > > They weren't - they were ruling on US patent law as it affect > > microsofts distribution of software in the EU. > > Hilarious :-) > > I presume this is right from the book "If you can't beat them - > confuse them". > > I am still curious though which law school you attended and also > where you took the bar exam.
Just to say what I know about software patents in EU, THEY ARE NOT LEGAL, all SOFTWARE is under "Intelectual rights law" (European copyright law), no matter waht EE.UU or Japan companies have tried with the EPO office, all that patents are not legal, because point 5.2 of the European Patents Convention say CLEARLY that ".. all computer programs could not be patented...", in EU and algorithm could not be patented, in EU a software program that implements and algorithm could not be patented, thats all. EE.UU and Japan lobbies have tried during the last 5 years to introduce changes on the EPO trought the CE, but they have failed. You could check here (in spanish)... http://proinnova.hispalinux.es/infopaquetes/carta-directiva/index.html Look at the references, they are in english, french, german and other languages. To finish this ... Pantents have been grant on EPO about software, but they are not legal, EE.UU and Japan companies are sending a lot of software patents to the EPO, and the EPO is granting them, but they are not legal until the European Commision changes the European Patents Convention and there are a lot of groups fighting agains this. So in conclusion, on EU you could patent an invention (hardware system + software) but not the software itself, or the idea behing it. EPO office is not so permisive as the EE.UU one. On EU the only thing you could do with your software (an implementation of an Idea or algorithm) is claiming your "Intelectual rigths" if someone stole it ... -- Saludos. Raúl Alexis Betancor Santana Dimensión Virtual S.L. _______________________________________________ Callweaver-dev mailing list [email protected] http://lists.callweaver.org/mailman/listinfo/callweaver-dev
