>it seems to me the issue would be whether writing the code for patented software constitutes "making" it. That's the problem with software patents. The patent

>it seems to me the issue would be whether writing the code for patented software constitutes "making" it. That's the problem with software patents. The patent must be published - that the whole point. But in software writing down the algorithm is also making an implementation. It's like the pornography laws that defined looking at an image on a computer screen = producing an image and therefore equivalent to being present when the act took place.