Article View: gnu.misc.discuss
Article #73463Re: Patents
From: Jesse Perry
Date: Wed, 11 Sep 1991 18:30
Date: Wed, 11 Sep 1991 18:30
54 lines
3144 bytes
3144 bytes
>Terry> I seriously doubt that a whole program could be >Terry> patented effectively; > >Dan> I wonder if Zippy has ever heard of ``data compression.'' > >Terry> I wonder if Danny has ever *looked* at those patents. Say, >Terry> Danny, do they happen to describe *an entire program*, or >Terry> just the compression technique itself? Or did you just >Terry> miss the words "a whole program?" > Dan> The *entire* compress program can be considered a Dan> ``compression and decompression system'' covered by the Dan> LZW patent. Zippy, are you thinking, or simply frothing Dan> at the mouth? Ease up, guy. You're so busy insulting Terry, you embarrass yourself by failing to read what he actually wrote. Here's what he *didn't* say: "A whole program cannot be covered by a patent." For some reason, you responded to this (imaginary) statement. What he actually argued was that it would be silly to patent an entire program, because such a patent would afford no protection to its inventor. This is because people could change non-essential aspects of the program to create a new program with the same basic function, but without infringing the patent. In other words, if you patent an entire program, you are, in effect, saying that *all aspects* of that program are essential parts of your invention, when in fact that notion is plainly silly. (E.g., is stdio an "essential" element of LZW compression? Certainly not, even though compress(1) uses stdio. Therefore it would be useless to patent compress(1), because people could write equivalent LZW-based compression programs without stdio, which a patent on compress(1) would not cover.) This argument makes good sense to me. Of course, I can't comment one way or the other on the legal truth of it, since I don't have the God-given authority on patent law that some posters think they are blessed with. I'm only writing this because (a) it's obvious you missed Terry's point, (b) *your* mistake has given you the idea that he said something stupid, (c) you've decided this gives you a chance to sling mud (as in, "frothing at the mouth"). Dan> United States Patent 338029 covers not only software but Dan> an entire algorithm. It is clearly worded to cover that Dan> algorithm. It was granted in 1968. Is that number right? Seems like maybe it needs another digit. What invention does it cover? Jesse Perry jesse@franklin.com uunet!frnkmth!jesse
Technical Details
Message-ID:
<1991Sep11.183031.850@franklin.com>Path:
arc1-ca.pugleaf.net!gmdzi!unido!unidui!math.fu-berlin.de!ira.uka.de!yale.edu!qt.cs.utexas.edu!cs.utexas.edu!usc!elroy.jpl.nasa.gov!decwrl!twwells!frnkmth!jesseReferences:
<13466.Sep705.23.3191@kramden.acf.nyu.edu> <9302@cactus.org> <27542.Sep1006.12.2591@kramden.acf.nyu.edu>Show Full Headers
Complete Article Headers
X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,9434f7b17f215464 X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1991-09-12 04:18:32 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!unidui!math.fu-berlin.de!ira.uka.de!yale.edu!qt.cs.utexas.edu!cs.utexas.edu!usc!elroy.jpl.nasa.gov!decwrl!twwells!frnkmth!jesse From: jesse@franklin.com (Jesse Perry) Newsgroups: gnu.misc.discuss Subject: Re: Patents Message-ID: <1991Sep11.183031.850@franklin.com> Date: 11 Sep 91 18:30:31 GMT References: <13466.Sep705.23.3191@kramden.acf.nyu.edu> <9302@cactus.org> <27542.Sep1006.12.2591@kramden.acf.nyu.edu> Organization: Franklin Electronic Publishers, Inc. Lines: 54