On Jul 23, 2010, at 8:45 AM, Jon 'maddog' Hall wrote:

>> ... depending on where the patent is granted.
>
> Sorry, this is a fiction.
>
> When a USA company creates a device, they typically pay the patents
> across the board, not just on the units that are going to countries  
> that
> "respect" patents.
>
> When companies are building products, they make product decisions  
> based
> on patents, which affect the products no matter where they go.
>
> Ergo Ubuntu does not distribute mp3 software already integrated into
> their products worldwide because of patent laws in some countries.
>
> I stand by my statement.....6.3 billion people are affected.

Furthermore,  the issues presented in 1994 by the WTO's TRIPS treaty  
still haven't been totally decided.  The sticking point here in this  
discussion is Article 27 and technology patents.  While the only  
serious litigation under this has been between the United States and  
Argentina concerning pharmaceutical patents, the article mandates that  
signatories provide technology patents without discrimination.

So while the EU has rejected software patents for the time being,  
there come a time in the future where this part of the treaty is  
understood as recognizing software patents.  The vast majority of  
countries are either signatories to this or have observer status.

-Ryan
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