[Fsfe-ie] US patents not act of Congress

Seth Johnson seth.johnson at realmeasures.dyndns.org
Sun Oct 3 20:41:08 CEST 2004

Aidan Delaney wrote:
> Hey all,
> Speaks for itself
> "Software has not always been covered by patent law, and it's not a
> statute that made it happen, but a case decision."
> from
> http://www.groklaw.net/article.php?story=20041003041632172

I'd say no problem in principle.  However, we are at the specific
point at which it's appropriate to point directly at the EPO's
case law.  We have successfully brought things to this point in
the debate in Europe.  This is probably the key point to make --
and pointing out the US case law basis is best done as a kind of
corroborating/adjunct/supporting point along with such a tactical

If we don't point at the EPO, the much increased clarity of the
issue will be undermined by things such as proposals to revise
the EPC, that will take the onus off of the case law in Europe,
and the bogus way the CII Directive has been conducted.



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