[ProgSoc] Red Hat asks US Supreme Court to bar software patents

Bryn Davies curious.jp at gmail.com
Mon Oct 5 07:21:09 EST 2009


On Mon, Oct 5, 2009 at 7:44 AM, jedd <jedd at progsoc.org> wrote:
>  Sadly this is the same Supreme Court that upheld the
>  Mickey Mouse[1a] act.

While I agree about the likely outcome (more because of TRIPs article
27), this is a misdirected complaint. The SBCA (a piece of copyright
legislation) was about the duration of an already existing property
right... it is difficult to say that the congress had overstepped its
limitations on that one.

The software patents issue as I understand it is not so much about
fixing a magic number but about whether software should be included in
what Australian law terms a "manner of new manufacture" or whether it
should be instead protected by copyright as an "expression". There has
been significant judicial meddling in this area since Darcy v Allin in
1603, although again, the courts are unlikely to outright contradict
the legislature.

Anyway! Just keep in mind that copyright and patents are very separate
and I will be able to sleep soundly at night. :)

 Bryn.

-- 
餓鬼も人数 。



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