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FSFE: European Parliament adopts unitary patent

FSFE: European Parliament adopts unitary patent

Posted Dec 12, 2012 12:04 UTC (Wed) by Felix.Braun (subscriber, #3032)
Parent article: FSFE: European Parliament adopts unitary patent

It's not totally clear from the press release how the introduction of a unitary patent (and patent court) will lead to fragmentation of jurisdiction and jurisprudence, as the release claims. That result sounds rather counter-intuitive and would have merited some justification. The fact that this is lacking rather distracts from the press release's credibility, in my view.

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FSFE: European Parliament adopts unitary patent

Posted Dec 12, 2012 14:06 UTC (Wed) by pboddie (guest, #50784) [Link]

It's written up in the "The Unitary Patent Package: Twelve Reasons for Concern" document linked to from the section covering fragmentation. Once again, the spin from the proponents of such schemes conveniently conceals the actual mess that will apparently be created.

I guess that refactoring will never catch on with lawmakers. Just like inefficient software projects where the problem of increasing complexity is "solved" by throwing even more developers at the code, unless there's a sudden shortage of legal and bureaucratic resources, there will be no motivation to construct coherent and fair legal frameworks that efficiently and effectively regulate society's activities.

FSFE: European Parliament adopts unitary patent

Posted Dec 12, 2012 23:41 UTC (Wed) by marcH (subscriber, #57642) [Link]

Law is much worse: in software at least some projects eventually go to the bin.

FSFE: European Parliament adopts unitary patent

Posted Dec 13, 2012 1:46 UTC (Thu) by tialaramex (subscriber, #21167) [Link]

I think we're about equal really. Laws do go away, both through an actual mechanism (repeal/ overrule) and because the societies that used them went away or transitioned to different laws (e.g. Mayan laws are gone, so are the colonial British laws from the American colonies)

Mostly laws rust, and mostly software rusts. Quietly becoming obsolete with no-one really caring. Until one day whoops, something bad happens.

And, at least the rusty laws are interpreted by judges who can sometimes be relied upon to laugh heartily and dismiss something as inherently preposterous. The machine will happily execute your rusty old code and truncate every file on disk that contains a non-ASCII character in its name or whatever.

Gordon Dickson's story "Computers Don't Argue" posits a future where we eliminate this difference and a minor goof by a book club escalates until its unlucky and entirely innocent customer is eventually executed for murder.

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