The decision to use the MIT License is not without its critics

The decision to use the MIT License is not without its critics

> Which is EXACTLY what I'd do. I'd let *them* claim my patent is invalid "because it's maths".

Why would they do that? They would be happy to add slander to your case. Because they still think that patents are valid and now you, too, agreed with that and that explicitly contradicts your previous steps (when you agreed to accept that code falls foul of the legal bars to being patentable subject matter). Court would need to decide what kind of outcome is actually valid (as usual: after years of appeals) but since harm is mounting (distribution software without license is big no-no) then can we have that travesty stopped?

Cease the distribution of that software and then we can continue. And that (preliminary injunction with the decision to stop distribution) may actually happen pretty quickly (few months).

What law would give judge the right to say that? Courts may be “courts of justice” in the country where you live but they still can not invent rules on the fly, they have to follow law. That's the whole point of separation of power. Judges may think that software is math, it's their right, but as long as it's not part of some law they can not use that for court proceedings. The privilege of turning such beliefs into something you can use in court belongs to legislature branch, not judiciary.

Only high, final, courts in some countries have the right to “bridge the gap” and then, only in rare cases where one needs to “harmonize the law”, anyway.

Lol. I think you have never been in court. Not even as witness. “Bang goes their case” is almost never the case. And when you try to bring facts not explicitly mentioned in any law (as you repeatedly have tried to do in your mental exercises) appeals and repeated hearings may take years.

That's your right, of course. But as one of my friends likes to say “why would you pick such an extravagant way of self-mutilation?”

If you want to make sure others wouldn't use and/or distribute your software… you can just write so. No need to elaborate complex schemes which would lead to the same thing in the name of “fight against the software patents”.

Possible. This would plunge the Europe into chaos, though, which may render question of software patents moot point because noone discusses software patents in Somali: they have more acute, more pressing, needs.

Do you really plan to release software with the goal of it only be usable after collapse of Western Civilization? That's a bit crazy.

Indeed, China is growing and India may become more important with time, too. But they also fill patents like crazy. Including software ones. Do you really think they are doing this because they plan to continue to believe that software is a math and can not be patented?

Newcomers always try to somehow ignore patents. Incumbents always [try] to use them to protect itself. US was pretty negligent WRT copyrights and patents while it was growing in power. It only started to vigorously assert them when it couldn't grow.

If and when Europe would start failing (and without US backing it's inevitable) — it would double-down on software patents, don't worry. Same with China and India: if China would feel threatened — software patents would ineveitably become valid.

Indeed. But individual Americans like individual Germans, individual Russians or, heck, even individual Iranians, never decide how laws of their country would be shaped. You need a political movement for that, not an obscure line in the license for the obscure software.