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| Authored by: stegu on Monday, June 17 2013 @ 12:43 PM EDT |
Software that is run from a DVD is still "installed" in the sense that
Gene and his friends are referring to. "Installed" to them means
"stored in memory and executed", which holds true for every program on
every medium.
Besides, "storage medium claims" try to work around that, by patenting
a particular program "stored on a medium", which supposedly makes it
into something else.
If they really think that "is the software installed?" is the test, is
then the process of reading a book patentable, even though the book itself is
not patentable?
Gene's sudden admission that "whether this is a stupid test does not
matter, it's the law" gives us a very strong attack vector: the law is
stupid, because it prescribes the application of an empty test that does not
exclude any software from being patent eligible. All software is
"installed", because it is its very purpose. It would be equally
meaningless to say that copyright does not matter as long as a book is not read,
only written. The very purpose of a book is to be read. Therefore, the law, or
rather the application of the law, must be changed, and this is what we might
see happening soon.
Patent lobbysists have been forced into a very small corner with their back
against the wall. Gene and his watchdogs have no arguments left, except the
empty argument "this must be right, because it is the law". A
situation where the law is wrong and needs to be changed seems to be entirely
beyond their imagination.
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