looking back at the software patents directive
ciaran
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19. diciembre 2005
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An academic writing a paper has asked me questions about the software
patents directive. So I've replied to him, and have turned my answers into a
webpage: software
patents, looking back.
As far as I know he was not involved in this issue until after the
directive was rejected, so it provided me with the opportunity to look back
and consider what happened - starting from scratch.
I'm hoping to turn it into a complete post-directive essay, but I don't
know when I'll get the time, so I've put it online in it's raw form. I just
turned his questions into headings.
One interesting thing is how much time people spent talking about things
that don't matter. "Harmonisation" is one example, it's a word that
everyone said, but nobody actually cared about. History and interpretation of
world trade agreements such as TRIPS are another thing. History has to be
looked it because we have to know what we've previously agreed to do, but in
the case of software patenting, it was clear that history and TRIPS contained
nothing clear, and nothing binding, about whether software functionality can
be patented.
It will be improved in the future, but for now I hope that page contains
some useful information for some people. At the very least, the references
section contains links to some key documents.
--
Ciarán O'Riordan,
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