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Royal Society Issues IP Charter
An anonymous reader writes "The Economist
and the Guardian
both have stories about the release of the
Adelphi Charter – an international blueprint for how
intellectual property should be made – by Britain's Royal
Society for the Encouragement of Arts, Manufacture and Commerce.
The Economist says “The Adelphi group are a varied crew
ranging from Gilberto Gil, the Brazilian culture minister (and pop
star) to Sir John Sulston, a Nobel-winning scientist who helped
decode the human genome, and James Boyle, a law professor at Duke
University. They believe that the intellectual-property system is
starting to lean so far in favor of private enrichment that it no
longer serves the public interest.” The charter calls for
evidence-based policy, and a balance between rights protection and
the public domain. It also condemns business method and software
patents."
You are shifting the burden of proof and rather distorting the facts: You may only ever have seen exceptionally weak arguments, but that is not because only exceptionally weak arguments have ever been deployed - quite the converse is true*. The problem so far has instead been that no argument with even a semblance of strength for introducing software patents has ever been produced. And however weak you think any argument against the expansion of patentable subject matter is, it automatically wins unless you have a strong argument in favour of that expansion. But the expansion has occurred anyway of course, and in the face of strong arguments and strong opposition from industry and academia. That many companies, academics and individuals had to make such arguments at all illustrates the appalling state of recent policy making in this area (if you can call it policy making). Any credible economist will tell you that patent scope expansion without prior empirical and sound theoretical justification is verboten. Too bad - the damage is done and in the US it seems the fight's effectively over now, but the rest of what I want to say is appropriately Eurocentric anyway.
*
http://researchoninnovation.org/online.htm
http://www.si.umich.edu/~kahin/mip.html
http://swpat.ffii.org/archive/mirror/impact/index. en.html
http://philsalin.com/patents.html
http://lpf.ai.mit.edu/Patents/knuth-to-pto.txt
http://www.spectrum.ieee.org/jul05/1557
http://www.dailytimes.com.pk/default.asp?page=stor y_16-8-2005_pg5_12
http://swpat.ffii.org/archive/quotes/index.en.html
"You have to be prepared to deal with issues like why expressing a particular piece of logic in C or Ada doesn't deserve patent protection, while expressing the same logic in Verilog or VHDL, which look identical to a non-programmer should deserve that protection."
That is definitely not an issue. One does not ask whether or not some invention deserves a patent, but whether or not it is patentable subject matter at all and your example is a poor one because if the claims of a patent are directed to the expressions of logic, then they are software patent claims.
"Likewise, why a device that fits the description in a patent claim should not be protected if the implementation happens to be (even in part) carried out with an embedded processor with embedded code, even though it's not at all apparent to the outside world that there's any software involved at all."
The distinction between hardware and software is not useful and is not at all relevant to the question of whether a patent claim is a software patent claim or not. One way to discover how the distinction between software patent and non-software patent is determined (and it is not always easy) is to read the way it is expressed by Judge Peter Prescott QC in his recent CFPH decision, in which he carefully and fully interprets the EPC Article 52 exclusions. Unfortunately, Prescott's interpretation seems to me to leave a lot of room for claiming things such as image enhancement techniques derived from purely mathematical considerations, but at least compression algorithms and data manipulation and data st