Re: [libreplanet-discuss] software patents in Europa: this is discussed tomorrow

[Thomas Harding]

Le 10/10/2012 21:34, Thomas Harding a écrit :
> This office tends to accept, contrary to a 2005 European Law, software 
> patents.
>
> Ce bureau d'enregistrement accepte, contrairement à la loi européenne 
> votée en 2005, des
> « brevets logiciels ».
A particularly important point is  amendment in article 3 quater, point 2 :

Article 3 quater (#4) state on "inventions run by computers"

while point 1) disallow any software patent /running on a computer as a 
complete machine/,
point 2) says that a patent must involves "une action sur les forces de 
la nature" (~mechanical
action).

So, conveniently read, a patent would cover *a part implemented as 
software* as revendication
in a mechanical process would be "in law".

In such way, running a peculiar patented hardware process through an 
alternate software would
be not possible without purchasing such patent licence.

This will impair Free Software, as freedom generally speaking, by 
allowing discretionary patent
licenses sales: If something goes wrong or if anything is made wrong 
(locking, privacy
disclosure, ...) there is no solution to fix it without patent infringement.

TSFH.