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The Economist Contrasts American, European Patent Approaches
fiannaFailMan writes "The Economist has summarised recent developents in software patents and contrasts the American and European approaches. 'The European Commission wants to avoid the American situation, in which case law drives authorities to issue computer-related patents all too easily, in particular for business methods and algorithms.'"
The Economist is great. They frequently have articles about patents, SCO, and all of our favorite /. topics, and I haven't seen any bad information like you get so often in lesser publications. This article on patents is just another great example. Bill Gates once said he reads The Economist from cover to cover weekly, hmm...
If the gap were closed by fixing the US patent laws, that would result in less headaches than having Europe repeat the mistakes made in America.
The Economist had a reader suggesting the following, which is the real reason why the EPO (Attention, this is not an EU Agency!) needs to be legitimized by the EU Parlament and why it needs to adhere (uh, harmonize) to current US guidelines:
? story_id=2020866
"Empire, state building?
SIR - You say that American military and nation-building intervention in other countries is likely to be short, because imperialism and democracy are at odds with each other ("Manifest destiny warmed up", August 16th). In the end democracy will win because the subjects will protest and so, eventually, will Americans. Your argument misses the economic face of empire.
Over the past three decades, America's government , particularly the Clinton administration, has constructed an international monetary and financial framework which ensures that the normal working of market forces shores up American power. The framework yields disproportionate benefits to Americans and confers autonomy on its economic policymakers while curbing the autonomy of all others . It provides the material basis of American military supremacy.
The key political feature of the system is that it is not an empire in the sense of an imperial centre and colonies. It is based on "sovereign" states. These states can be left to manage the costs of the system, including the protests of those whose lives are disrupted by it. This is how the modern-day empire can quietly escape the trade-off between imperialism and democracy, most of the time.
Robert Hunter Wade
London School of Economics
London"
http://www.economist.com/opinion/displayStory.cfm
I'm not sure if everybody realizes it, but if it is true, the most important part of the article is that supposedly Arlene McCarthy has finally agreed to include the "use of controllable forces of nature" as part of deciding whether an invention makes a technical contributions.
Let's backstep a few decades. By the late 70s/early 80s, the German Federal Court had to decide on a number of patent applications. One involved an accounting program, one a system for anti-lock brakes (which was controlled by software). They found the former unpatentable, and the latter patentable. The distinguishing criterion was that the anti-lock brakes taught new ways to control forces of nature, whereas the accounting program was essentially an "instruction for the human mind", even if it was executed by a "machine that was used according to its intended use".
With criteria for the patentability of these two extremes (a pure software solution, and a hardware solution with some tightly integrated software aspects) established, and technicality being the distinguishing criterion, and this state of affairs subsequently encoded in European patent law by saying that "programs as such" (as opposed to programs that were integrated with hardware solutions), the past few decades courts and patent offices started a battle over the gray area in between. The German Federal Court later allowed patentability increasingly to encroach on the software side, but the greatest abuse was done by the European Patent Office, which came up with more and more convoluted rationales to interpret the "as such" clause to allow for software patents, despite the clear legal precedent.
Now things are in the hand of JURI, the European Parliament's committee for Legal Affairs and the Internal Market. The initial committee proposal for the patent directive had a wishy-washy clause about something being a "technical contribution", that wouldn't have changed anything and harmonized nothing, and would have especially allowed the EPO to extend its creative twisting of the law even further. And with the planned enactment of the Community Patent, to be granted by the EPO, the door would have been wide open for EU-wide software patents. Note that the problem with the proposal was not so much that it allowed for software patents, but that it was poorly written law, with a million ways to interpret it. A number of clarifications -- including the "controllable forces of nature" criterion were proposed to JURI, but they were rejected.
So, if JURI finally concedes the point and allows for a proper, clear, and unambiguous criterion for technicality, that should alleviate quite a few concerns.
Stupid patent/copyright laws, the department of homeland security, total^H^H^H^H^H terrorist information awareness, patriot act, patriot act II, and cute girls with British accents made me move to London.
There is a lot of authoritarian crap going on in America at the moment I agree, but have you any idea how much power the authorities here (UK) have? Under the Terrorism Act 2000 the Police are allowed to break up a meeting of three or more people without *any* sort of court order if they believe it is for terrorist purposes. There are cameras everywhere. The authorities (Police, Customs, Inland Revenue and a few others) can see who you've been emailing without a court order (RIP Act 2000). There's talk of introducing a compulsory ID card (smuggled in through the back door as an 'entitlement card'). I hope you don't drive or smoke, because you'll pay through the nose for it (unless you bring it in from abroad). But this is turning into a rant, so I'll stop now. And yes, I like our girls very much as well.
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Its because average american is not aware of any real life issues. He is simply herded by the mainstream media and the news "manufactured" by them. Thats not the case in Europe or other part of the world where real life issues are reflected in the media to a great extend. And I think its because of the decentralisation of media infrastructure in these countries. So small players and public entities contribute to the diversity of the news. In US media(mostly) owned by a bunch of business groups who treat it just like any other profit generating business. Goverement agencies like BBC and small magazines/newspapers like "La monde" are good examples.
http://www.nasirudheen.blogspot/