On Monday 04 December 2006 22:03, Siddhesh Poyarekar wrote:
On 12/4/06, Mrugesh Karnik mrugeshkarnik@gmail.com wrote:
Does the (software) patent law even apply in India?
irrespective. its not important if u r gonna be sued or not . but it is imp to know if u r doing /using something that cud be termed legally incorrect
True, but my question is valid and still stands. I'm asking because I do not know.
It does not apply even one bit in India. It cannot even be termed legally incorrect as you're an Indian and the Indian legal system says that it's not illegal.
Indian patent law does not allow pure softeare patents. But the term "as such " appears in the relevant parts. This is the same as euro law. Which was thoroughly misused and patents on software granted. An attempt to legalise software patents using these previously granted examples as case studies was narrowly prevented. when that failed there was a surreptitious move to legalise these already granted patents. I am not sure of the status now. But none of the patent holders have attempted to sue. Hence validity has not been tested. If you look at the applications filed in India, there are a huge number from various multinationals that try to couple hardware with software and patent the whole. The hardware is basically SY engineering crap or computers (microcontrollers are computers). So to my eye it's software patents thru the backdoor. Besides with increasing dpendence on US for our growth, dont be surprised at all if things change for the worse in the near future. While u are indeed safe from pure software patents, why on earth should u promote crooked clueless companies.
USA is not the world... and definitely not India, so enjoy your plateful of GNU/Linux :)
And aviod indigestion by not using Novell products.