Re: Use of cryptography in an instant messenger

From: phil hunt (philh_at_invalid.email.address)
Date: 01/10/04 

Date: Sat, 10 Jan 2004 22:16:24 +0000

On Sat, 10 Jan 2004 19:33:54 +0100, Mok-Kong Shen <mok-kong.shen@t-online.de> wrote:
>
>
>Hans Fleischmann wrote:
>>
>> Harris Georgiou wrote:
>>
>> > EU has recently passed a legistlation (more like a proposal actually) that
>> > promotes encryption in public message traffic through Internet. I don't
>> > think there is any restriction in using such a software in EU countries, but
>> > there may be some legal implications on using patent-related algorithms in
>> > your program.
>>
>> Actually, in EU-countries, software algorithms are not patentable (yet),
>> so there won't be any problems there.
>
>I am not entirely sure of that. Doesn't IDEA have an
>European patent?

It may do, for all I know.

The situation on European patents is more complicated than Hans
said.

When the European Patent Office (EPO) was set up, its terms of
reference prevented it from awarding software patents. After a few
years, it started doing so anyway, using subterfuges such as "it's a
patent on a device that happens to be implemented on a computer" and
similar bull***. Afew years ago the EU decided to try to regularise
the law on European patents, so a EU directive made itsa way through
the legislative process. Last year, the European Parliament amended
the directive so that patents on pure software aren't allowed, and
to ensure interoperability[1]. To become EU law, a masure must be
passed by the Parlaiment and the Council of Ministers. So far the
Council hasn't decided what to do with the parliament's amendments.

[1] you can see the EP's amendments at:
<http://www.cabalamat.org/weblog/art_37.html> 

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