[Fsf-friends] Re: Dismal Record

[Ramanraj K]

  PILCH Hartmut wrote:

>>largely spoken on  the lines of the representations  made by FSF India
>>against  the  introduction  of  patentability for  embedded  software.
>>    
>>
>
>This talk of "patentability for embedded software" is propaganda from
>patent camp.  There is no distinction between embedded and other
>software in the proposed law or in the recent INPTO practise.
>
Initially the patents ordinance used the expression "a  computer  
programme   per  se  other  than  its  technical application to industry 
or a combination with hardware" and its literal interpretation only 
produced the absurd meaning that "all computer programs" are patentable, 
that plainly goes the former part of the clause, which could never be 
deemed to be the intention.  In such an event, it is legitimate to look 
into the objects and reasons for the amendment, and the Minister's 
Statement at http://pib.nic.in/release/release.asp?relid=6074 was the 
only one available then and it clarified that it was introduced for 
patentability for embedded software.  Thanks to the Left and the 
campaign against it, all that nonsense is now past us.

BTW, the Hindu report is available online at: 
http://www.hindu.com/2005/03/26/stories/2005032605431600.htm

More seriously, we should reject the illegitimate expression "software 
patents" as a propaganda term from the patent camp.  The expression is 
devoid of any legal content under TRIPS Treaty, and in many countries 
like India. Please avoid using the expression "software patents" that 
give needless credibility to the illegal practice in a few countries. 
 Please talk about "Computer Programs", "Software", "Copyrights", 
"Mis-application of patent law to cover Computer Programs", and please 
use any other suitable expressions that are consistent with the TRIPS 
Treaty.  We could infact make a list of  countries where computer 
programs are protected by copyrights as required by the TRIPS Treaty, 
and encourage the others to follow suit to avoid issues in this regard.