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Authored by: Wol on Monday, June 10 2013 @ 12:27 PM EDT |
In which case, software patents are dead :-)
I think we're rather arguing past each other ... Your argument, aiui, is that
the law is going to say "if a troll sues an end user, then they can file
for summary dismissal with a "go sue the manufacturer"". GREAT
:-)
Because, while we need a software house to put up a fight, they should easily
get the judgement (quite possibly even summary judgement!) that their product -
a CD (or rather, its contents) - is not patentable material. Therefore, if you
can't patent it, it can't infringe a patent!
Otherwise you get the absurd situation of needing patent licences for
non-patentable subject matter!
And my repeated references to "can't get a new machine by adding
unpatentable subject matter to a patent-exhausted machine" - isn't that
just a general precedent that applies to EVERYthing? INCLUDING software?
So if someone stands up and fights, they should be able to pull that off pretty
easily, and software patents are dead and gone.
Which is exactly where I started this discussion. In order to close this
"loophole" in the law they need to either explicitly make abstract
ideas patentable, or the inherent absurdities will be unavoidable and will push
the issue front and centre.
Cheers,
Wol[ Reply to This | Parent | # ]
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