Software Patents and the Digital Environment

Software is patentable in Europe so long as there is sufficient ‘technical contribution’ under the decades-long interpretation of the European Patent Convention made by the Boards of Appeal of the European Patent Office. Despite the failure of the proposed Directive on Computer Implemented Inventions, opponents of software patents have failed to have any affect upon this technical contrivance. Yet, while national courts find the Boards of Appeal decisions persuasive, ‘technical contribution’ remains a difficult test for these various courts to apply. In this article I outline that the test is difficult to utilise in national litigation (it is an engineering approach, rather than a legal one) and suggest that as the Boards of Appeal become less important (and thus less persuasive) should the proposed Unified Patent Court come to fruition, the ‘technical contribution’ test is unlikely to last. This may again make the whole issue of what/whether/how software should be patentable open to debate, hopefully in a less aggressive environment than has existed to date.

The Application of Digital Photogrammetric Techniques and Aerial Photography to the Preservation of Archaeological Detail. Case Study: The Copney Stone Circle Complex, Co. Tyrone, N. Ireland

The Copney Stone Circle Complex, Co. Tyrone, N. Ireland, is an important Bronze Age site forming part of the Mid-Ulster Stone Circle Complex. The Environment Service: Historic Monuments and Buildings (ESHMB) initiated a program of bog-clearance in August 1994 to excavate the stone circles. This work was completed by October 1994 and the excavated site was surveyed in August 1995. Almost immediately, the rate at which the stones forming the circles were breaking down was noted and a program of study initiated to make recommendations upon the conservation of this important site. Digital photogrammetric techniques were applied to aerial images of the stone circles and digital terrain models created from the images at a range of scales. These provide base data sets for comparison with identical surveys to be completed in successive years and will allow the rate of deterioration, and the areas most affected, of the circles to be determined. In addition, a 2D analysis of the stones provides an accurate analysis of the absolute 2D dimensions of the stones for rapid desktop computer analysis by researchers remote from the digital photogrammetric workstation used in the survey.

The products of this work are readily incorporated into web sites, educational packages and databases. The technique provides a rapid and user friendly method of presentation of a large body of information and measurements, and a reliable method of storage of the information from Copney should it become necessary to re-cover the site.