Barbie's journal, via Ovid, made me aware of patent EP1170667 "Software
Package Verification" granted last month in the EU.  
http://gauss.ffii.org/PatentView/EP1170667

It appears to patent basic software testing frameworks.  There is a nine 
month window to oppose this patent.  I believe Test::Harness constitutes 
prior art but IANAL.  I would like to speak with a lawyer.  Does anyone 
happen to know an EU patent attorney who is willing to do a little pro bono 
work?  At this point I only want an educated reading of the patent to 
determine if Test::Harness may be prior art.

I've contacted the EFF's staff attorney about this but he's not familiar
with EU patent laws and recommended I find someone who is.  I've also
attempted to contact the Inventors listed on the patent (valid email 
addresses are difficult to find these days) in the hopes of discussing this 
programmer-to-programmer and cut through the legal BS.  Haven't heard
back yet.

Here is my figuring on how Test::Harness is prior art:
It includes the control (Test::Harness), framework (Test.pm, Test::More, 
etc..) and modules (*.t files) as outlined in claim 1.  It can handle many
test files (claim 2).  It has the ability to order the execution of test 
files based on the filename which serves as a priority (claims 3 and 4).
It has means to indicate if a given module is active or inactive (claim 5, 
6 and 7) by the module issuing a "skip" flag.
http://search.cpan.org/dist/Test-Harness/lib/Test/Harness/TAP.pod#Skipping_tests

Test modules are typically stored as individual files, usually ending in .t,
in a directory, usually t/ (claim 8).  Test::Harness can be told the order
in which tests are to be run.  MakeMaker specifically runs test files in
alphabetical order by filename (claims 9, 10, 11, 12).  Test::Harness only
recently added support for non-file based testing but JUnit and the Smalltalk
testing frameworks handle tests in software objects (claim 13).

The rest of the claims appear to repeat 1-13 in legalese.


-- 
Michael G Schwern     [EMAIL PROTECTED]     http://www.pobox.com/~schwern
Just call me 'Moron Sugar'.
        http://www.somethingpositive.net/sp05182002.shtml

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