Patently Outrageous

Europe does not allow software patents, but that doesn't stop some people - patent lawyers, mostly - from circumventing that clear and specific intention. One of them has not only written a book on how to sneak software patents through the system, but is now challenging an eminently sensible ruling on the subject by the UK authorities last year.

But the bits that stick in my craw are the following sections of the accompanying press release:

High-tech businesses can obtain a European-level monopoly over the distribution of computer disks and internet downloads of programs that configure an apparatus to perform a patented process. Now, in Britain, they cannot.

and

“A lot of people think there is no problem here because disks and downloads are protected by copyright,” noted Nicholas Fox, of Beresford & Co, the patent attorney acting for the high-tech five. “However, that is just not true. Copyright protection only protects code against copying. In contrast, patent protection enables a company to monopolise an invention even if competitors independently come up with the same idea.

Got that? These poor little companies just absolutely must have a monopoly on ideas to stop others from coming up with the same idea *independently*, because, you know, intellectual monopolies - like all monopolies - are just so good for society, and we can't allow other people to have the same ideas on their own without paying, oh my word no, because - heavens! - art and science might actually progress. And we can't have that, can we?

It's sad enough writing a book on how to get around a clear legal statement of intent; but brazenly demanding the right to a monopoly in what amounts to mathematical knowledge (as all software is, embodied in logical operations and algorithms) really takes the biscuit.