Article View: gnu.misc.discuss
Article #73522Re: Patents
From: Dietrich Kappe
Date: Thu, 05 Sep 1991 02:58
Date: Thu, 05 Sep 1991 02:58
61 lines
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3846 bytes
In article <HANS.91Sep4094915@bilbo.es.ele.tue.nl> hans@es.ele.tue.nl (Hans Fleurkens) writes: on 3 Sep 91 23:02:56 GMT, kap1@icarus.spc.uchicago.edu (Dietrich Kappe) said: => => This question is perhaps answerable for less than one million dollars in => => legal fees, but I doubt it. => => A layman's reading of the law would seem to say that algorithm patents => => are not permitted. But the Patent and Trademark Office disagrees. So => => do many patent lawyers. => Probably because they can earn a lot of money with it. Finally, the => possibility to get a patent for an algorithm or piece of code will => kill the software industry (except for a few big companies) and they have => no job anymore :-). => Hans Fleurkens => Eindhoven University of Technology. => Distribution of source code should still be permitted, right, since that => is equivalent to the description of an algorithm rather than its => implementation? A text file is after all not executable by a computer => (under normal circumstances), and distributing source code amounts => to publication and (though wordy comments) discusion of the patented => material, which is what patents are supposed to encourage, right? If someone wants to prevent his invention and make some money, just hide the implementation details from everyone. It will still take other companies lots of time to built an equivalent system, if they think it's worthwile to develop a similar program. Up to now I only heard of patents on trivial things a child of six years old could re-invent. If someone wants to use this technique, he has either to pay for it or work around it by using another (maybe less efficient) technique (if he's aware of the fact this technique is patented). Even worse, say you can patent look and feel in world which will be standarized soon (X, Motif, etc.). What would happen if a car manufacturer would patent a steering wheel? Another one could either pay a lot of money or use two buttons to steer. A third one could .... Hans Fleurkens Eindhoven University of Technology. My point is that in order to patent something you have to describe it fully. Thus an algorithm would have to be completely specified. If distributing source code were to be made illegal, we could draw a very absurd conclusion: since we can design a compiler for any cononical algorithm description method (making those descriptions in effect source code), no two algorithms may be described in the same way by anyone, or even described in such a way that they could be translasted into a cononical description method by a well defined procedure. Does this stuff seem loopy to anyone else? -- --- Dietrich Kappe kap1@icarus.spc.uchicago.edu
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,9434f7b17f215464 X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1991-09-04 22:45:23 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!fauern!iraun1.ira.uka.de!yale.edu!qt.cs.utexas.edu!cs.utexas.edu!uwm.edu!linac!midway!midway.uchicago.edu!kap1 From: kap1@icarus.spc.uchicago.edu (Dietrich Kappe) Newsgroups: gnu.misc.discuss Subject: Re: Patents Message-ID: <KAP1.91Sep4205823@icarus.spc.uchicago.edu> Date: 5 Sep 91 02:58:23 GMT References: <BURLEY.91Sep1202411@churchy.gnu.ai.mit.edu> <1991Sep2.022713.24921@midway.uchicago.edu> <KAP1.91Sep1235719@icarus.spc.uchicago.edu> <1991Sep2.190438.29079@midway.uchicago.edu> <HANS.91Sep3143556@bilbo.es.ele.tue.nl> <KAP1.91Sep3170256@icarus.spc.uch Sender: news@midway.uchicago.edu (NewsMistress) Organization: Center for Population Economics Lines: 61 In-Reply-To: hans@es.ele.tue.nl's message of 4 Sep 91 09: 49:15 GMT