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Talk:Shielding software from litigation

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[edit] What is the history of this?

Who proposed unitary-patent.eu's shield amendment?

I (Gibus 07:27, 9 November 2012 (EST)Gibus) did, following IRL discussion with RMS just after he published on WiReD

Have people been advocating this idea for a long time? Has it been proposed in other countries? Ciaran 06:51, 9 November 2012 (EST)

Answer from Gibus 07:27, 9 November 2012 (EST)Gibus :

Not exactly. Some close propositions have been made some years ago in the EU directive about software patents.

Swen Kiesewetter-Köbinger (patent examiner in the German PTO), has published an article on GRUR 2001 proposing an exception but without defining exactly its scope.

The European Parliament has voted in 2003 a exclusion based on the fundamental freedom of expression:

Member States shall ensure that the production, handling, processing, distribution and publication of information, in whatever form, can never constitute direct or indirect infringement of a patent, even when a technical apparatus is used for that purpose.

For the second reading in 2005, a simplified amendment has been tabled (but never put to vote since the EP has rejected the whole directive):

The creation, publication or distribution of information can never constitute a patent infringement.

I don't think these amendments were limited enough to pass 3-steps test of Article 30 TRIPES.