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Re: [LUG] OT: SW Pats are just the tip of the iceburg

 

On Thursday 23 June 2005 10:32 pm, Robin Cornelius wrote:
> This is not directly on topic but I though it may be intresting to some.

Seeing as a lot of members have, are or may consider working for SME's in a 
free software or just general IT scenario, I don't think it's off-topic.

> for me to *discuss* anything *technical* with them that is not in the
> public domain. (Theres that *technical* word again :-( )

Is that techical-as-such or just technical?

(in-joke from sw-pat land)

The UKPO say that computer software is not patentable. Yes, read that again. 
They say that software is not patentable - because once software has a 
"technical" nature, it ceases to become software-as-such and becomes an 
invention. Uh?

If I plug a fuse into an orange, does it become a lemon?

If I paint an orange yellow, is that a lemon?

If I swear on oath that it IS a lemon, does that make it a lemon?

Does it even make it "not an orange"?

Or an orange-as-such?

If I draw a picture of an orange in yellow, is that now a picture of a lemon?

If I create that picture of an orange on a computer, how is that an invention?

!!!!

Past experience has shown that anything performed in a field of technology, 
such as IT, is inherently technical so there is, in UKPO-land, no such thing 
as software. You don't install software in their terms, you implement an 
invention. AFAICT, software to the UKPO is source code that is never run on a 
computer or even compiled. Hmmm.

> It went on with more and more stupid examples to the extent that if i take
> a battery out of the EU and give it to some one (it **MAY** be used by a
> terrorist) and i don't have an export licence so I'm guilty!.

Quick! Someone tell MI6 and the FBI, I gave my nephew in Canada a digital 
camera that I brought from the UK! (And yes, I am self-employed so I am a 
SME, just not an IT SME.)

> On the plus side, they were quite clear about the "public domain" bit so
> making software open source (and available publicly etc as normal) avoids
> all these export problems

That's a relief!

Steps to protect the code:

1. GNU GPL headers in every file.
2. Commit your code to CVS.
3. Install ViewCVS or similar.

Done. Every commit instantly published.

> so maybe a positive spin can be taken from this 
> for free software. If i need to send SW anywhere, I'll just open source it
> first, that way i am compliant with the law but *everyone* can then see it
> so how does this stop terrorism?

:-)

> Is it me or is the world going nuts?

Didn't you know? The poodle is running it's master's war.

HMV? Blair's running HMW.

-- 

Neil Williams
=============
http://www.data-freedom.org/
http://www.nosoftwarepatents.com/
http://www.linux.codehelp.co.uk/

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