Nick Hockings:
Software is different though, it is applied mathematics. I would prefer to sa y maths is the first science, and therefore its works are also descriptions of nature. This may fail in the case of software since is seen as "created" rath er than "found" by most people.
Is this the correct view, though? Personally, I agree with your view and think that mathematics is really just spotting patterns in reality by clever use of abstractions, so is discovered (like a fact) rather than invented (like a process). However, the exploitation of those patterns may be argued to be a process, even though the representation of that process in software is merely another pattern to be discovered. If something can be created by a random automaton, does it have value as a process?
It's a confusing issue. I don't think that patents are at all useful for protecting non-manufacturing processes, though. They seem to be used mostly for economic terrorism against your competitors. I think that with the current globalisation trend, patent law needs a rethink. Unfortunately, any rethink will be lobbied hard by the patent holders... maybe we should patent any likely way for patent law to be rewritten, to demonstrate the absurdity of the system? Or has someone got one already? ;-)