Re: [Fsfe-uk] Software patent MEP response

[Mike Taylor]

> Date: 18 May 2003 20:38:22 +0100
> From: Alex Hudson <address@hidden>
> 
> > It was good to be introduced to the AFFS and the people involved in it
> > through yesterday's conference.
> 
> Glad you came along and enjoyed it!

Me too -- I was pleased to meet everyone and to get a bit more insight
into the wide range of things that are going on (including suing
Microsoft!  Go, Ian!  :-)  Although the last couple of talks (DRM and
Patents) were pretty damned scary.

Anyway --

> "The proposed Directive would set a fair test for software (deciding
> whether it has a technical effect) before authorizing a patent."
> 
> ... is useful. What is this proposed wonder test? What is the hard
> definition of 'technical effect'?

I don't see any way that this could get enshrined in a legal document,
but I think you could come up with a sort of "Turing test" for whether
a software patent is sufficiently innovative to be worthy of
consideration by doing something like this.

        Pick a random half-decent hacker and give him the
        patent application.  She has 24 hours in which to read
        and understand it, and produce a working
        implementation.  If she can do it, the patent is
        deemed NP-Obvious and thrown out.

 _/|_    _______________________________________________________________
/o ) \/  Mike Taylor  <address@hidden>  http://www.miketaylor.org.uk
)_v__/\  "Oh no, you mustn't do that ...  They BREED in sewers,
         and then you get huge swarms of evil-smelling twelve-foot
         tall killer-budgies coming at you out of the drains!" --
         Monty Python.

--
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