Does no one see the implications for patents?
Posted May 9, 2012 0:04 UTC (Wed) by coriordan
Parent article: SAS v. WPL decision addresses boundaries of copyrights on software (opensource.com)
No one knows what the ECJ might do with a software patent. They've never dealt with a case that even remotely touches the topic. Then suddenly they publish a decision saying:
to accept that the functionality of a computer program can be protected by copyright would amount to making it possible to monopolise ideas, to the detriment of technological progress and industrial development.
BAM! Monopolising software ideas = bad. That's our entire argument against software patents right there, written by the ECJ.
If the proposals for a specialist EU patents court materialise (and in the current form, we hope they won't), then the ECJ might be the appeal court. If the ECJ show more of this kind of thinking, then maybe we should focus on ensuring that the ECJ is indeed the appeal court for any such specialised courts.
I'm scraping together info on the patent aspects here:
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