The writer is professor of law and legal history at Columbia University, US, and founding-director, Software Freedom Law Centre
By failing to deal vigorously and simply with this point, the majority judgments distort all the arguments about proportionality that follow in their later stages. Proportionality cannot be calculated by throwing out all the really important weights on the scale.
Indian software companies can and do patent their inventions abroad, thus actively competing in the market for government monopolies maintained in other countries.
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