[Upd-discuss] a longer term strategy for promoting thepublicdomain?

[Christian Beauprez]

----- Original Message ----- 
From: "Prof. Mickey Davis" <michael.davis@law.csuohio.edu>
To: <beauprez@beauprez.fsnet.co.uk>
Cc: <becky@idnet.co.uk>; <upd-discuss@lists.essential.org>
Sent: Friday, August 20, 2004 6:48 PM
Subject: Re: [Upd-discuss] a longer term strategy for promoting
thepublicdomain?

Dear Professor Davis,

> Patents do not cover ideas, functional or otherwise. They cover the
applicarion of an idea. Just as copyright covers not the idea but its
expression so too patents cover not the idea but its application. They are
both of course outdated concepts.

Thanks for clarifying this point. But I don't see really see the distinction
in the case of data processes between the application of the process and the
process itself. All programs are by definition "applications" they are meant
to give a result, but they contain no physical application other than the
fact that they run on already known hardware.

In traditional patent law of course I definately see what you mean about
patents not covering abstract "ideas" themselves but the physical
application of those ideas to industrial invention- no such distinction can
be drawn in software because the functioning is an abstract intellectual
creation existing only as an informational object.

In terms of copyright and patent law being outdated concepts, I would
welcome any input you have on newer systems that could work better as I'm
always open to new suggestions.

Sincerely,

Christian