2004-04-26 Mathematical Proof to lead software patentability ad absurdum

The programmer Dipl. Ing.(FH) Juergen Ernst from Pirmasens, germany, has developed a mathematical proof to show the absurdity of software patents, based on a simple model of patents and a few uncontroversial assumptions about software.

Mr. Ernst explains:

• "With this proof I try to lift the argumentation about software patents to another level.

  If it is provable that all programs are concerned, then nobody can dismiss the fears of the software patent opponents as speculation."

Everyone who is interested in the proof will find it here:

• Proof against swpat

There has already been a lot of argument about the logical inconsistency of software patents, e.g.

• Newell 1988: The Models are Broken, The Models are Broken!

• Tamai 1998: Abstraction-Orientated Property of Software

• Smets 1999 on Useright

The inadequacy of the system for software is also beyond serious dispute and has led to continued animosity in the software industry.

All this has not prevented those who steer the patent system from pressing ahead with software patentability. The patent system is run by patent lawyers and patent officials. These have only learnt one solution, which they apply to all problems and which assures them a continued gravy train running to their offices: "patent".