Re: Gregnews: US report proves EP lies

    There seems to be an ambiguity in what terms like "technology" and
    "engineering" mean.

    One meaning is "applied natural science", the other "applied exact
    science".

I agree that a generalization is going on here, but I am not sure it
is wrong.  It also isn't new.  The idea of the "universal machine"
that can emulate any other "machine" goes back to the beginning of
computing theory, before real computers.  So I don't think that it is
inherently a misinterpretation of the term "technology" to include
software or its uses.

The problem only comes from the criterion of "technical character"
which has been used in various actual or proposed patent laws.

I don't think this gives a basis to say it's erroneous to use the term
"technology" for software.  It is only a basis to say that use of the
term might lead to a harmful consequence in interpreting these laws.

However, I don't think that the public's understanding or use
of "information technology" has much effect on the danger.

The cases where I have campaigned against terminology are where the
terminology shapes the opinions of the public, or of the
legislators--of the people we can hope to convince.  When terminology
gives them the wrong idea of the practical effects of software
patents, explaining what's wrong with the terminology can help us
clear up their mistaken conclusions.  But I don't think that the
question of how to interpret "technical character" has much effect on
whether the public (or legislators) favors software patents.

How judges interpret "technical character" can be important.  But I
don't think a campaign on our part against that term would deliver
much effect on judges.  The people who listen to us mostly do not have
much contact with judges.

If we want to influence how judges interpret "technical character", I
think the best way is to put these arguments into articles and publish
them in places that judges might read.  For instance, law reviews.
That may not be easy, but if done, it might do some good.