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Re: Opinion: NVIDIA drivers are a Good Thing [tm]



On Mon, 2004-05-17 at 11:20 -0600, Rodolfo J. Paiz wrote:
> At 11:06 5/17/2004, Rui Miguel Seabra wrote:
> >The solution is no software patents at all.
> >Software patents are a breach of the TRIPs agreement.
> 
> I have no knowledge of TRIPs and the nature of the word "trip" is making my 
> searches useless. Can you point me to some useful reading?

And here it goes:

Article 10 of the TRIPs treaty states:

      ``Computer programs, whether in source or object code, shall be
        protected as literary works under the Berne Convention (1971).''
                                                                                
As opposed to what a first reading would suggest, namely that this
simply means that copyright protection must be available for computer
programs, this article goes further. The WTO states on its website

http://www.wto.org/english/tratop\_e/trips\_e/intel2\_e.htm\#copyright

regarding article 10.1 that:

      ``The obligation to protect computer  programs as literary works
        means e.g. that only those limitations that are applicable to
        literary works may be applied to computer programs.''


Full text of TRIPs:
   http://www.wto.org/english/docs_e/legal_e/27-trips_04_e.htm#1

Regards, Rui

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