Re: You have rights.. Software Patents are Illegal

A Qui, 2004-05-13 às 00:56, Christian Beauprez escreveu:
> It most definately is not a machine under international law.
> 
> The TRIPS treaty says
> 
> "Computer programs, whether in source or object code, shall be protected as
> literary works under the Berne Convention (1971)"
> 
> There is no question of a program becoming an invention when it is compiled.
> 
And if there was any question you have this (Article 10.1 is the one
Christian quoted above - note particularly the part that says "...that
only those limitations..."):

Article 10.1 provides that computer programs, whether in source or
object code, shall be protected as literary works under the Berne
Convention (1971). This provision confirms that computer programs must
be protected under copyright and that those provisions of the Berne
Convention that apply to literary works shall be applied also to them.
It confirms further, that the form in which a program is, whether in
source or object code, does not affect the protection. The obligation to
protect computer programs as literary works means e.g. that only those
limitations that are applicable to literary works may be applied to
computer programs. It also confirms that the general term of protection
of 50 years applies to computer programs. Possible shorter terms
applicable to photographic works and works of applied art may not be
applied.

(Source: http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm)

> >then it can't be a literary work, in which case the
> > software industry loses the ability to restrict copying of compiled code
> > (i.e. you can give your friends copies of your operating system even if
> > it isn't open source - albeit you can't distribute the source without
> > the author's consent).
> 
> This is why in reality, arguments that copyright does not extend to the
> performance of a program are nonsense. It would be like saying that when a
> CD is played on a player or a radio station, the copyright would end because
> it was a "method of operation" for a chip. This is not what copyright means
> when it excludes "methods of operation" from it's scope. It simply means
> that you cannot describe a process in a book and inherit patent holders
> rights to it.
> 
> The protection extends "by any means and in any form". (WIPO Copyright
> Treaty)
> 
> 
> 
> > If I write a program in pseudo-code that outlines an algorithm, my
> > writing is expressive, so protected by copyright; to claim that it
>  ^^^^^^^^^^^^^^^^^
> 
> Expression is the work in any means and in any form, not just the lines of
> code.
> 
> > infringes a patent, you must show how the pseudo-code performs the
> > computation; which it doesn't, because we haven't compiled it.
>    ^^^^^^^^^^^^^^^^^^^^^
> Again this is a legal myth- computation and computer program are synonymous.
> 
> The Software copyright directive proves this conclusively,
> 
>  "the permanent or temporary reproduction of a computer program by any means
> and in any form, in part or in whole.
> 
>  Insofar as loading, displaying, running, transmission or storage "
> 
>  However,
> > that distinction doesn't work, because there are interpreted languages
> > which are designed to be expressive - the source is what the computer
> > runs.  However, since it's *performing* the patented acts that is
> > covered by a patent, not *describing the means to do so*, there is a
> > strong case that source code should never be construed to infringe a
> > patent, even if anyone who runs it does infringe.
> 
> The performance is already defined under copyright. It includes digital
> performance of the work. Again this is misinformation generated by patent
> lawyers to try and claim that a "computer program" and the process it
> conducts are seperate entities. This is not so in reality.
> 
> 
> Kindest Regards,
> 
> Christian
> 
> 
> 
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-- 
						João Miguel Neves

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