The EU software patent could be the long awaited resolve to an extensive debate around software. The resolution should be based on the understanding of the copyright and patent basics, the legal conflict between territoriality and the internet, the experience of the existing US software patent,...

The question addressed is whether the Essential Facilities Doctrine can be applied in cases of software interoperability. The Microsoft case is used as a platform for the exploration of an evolved version of the Doctrine, tailored especially for cases of compatibility in the hightechnology...