Article View: gnu.misc.discuss
Article #74788Re: The chilling effect of software patents
From: Leonard Dickens
Date: Mon, 04 Feb 1991 15:21
Date: Mon, 04 Feb 1991 15:21
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Dan Bernstein writes: >In article <29763@mimsy.umd.edu> leonard@mimsy.umd.edu writes: >> * Make it _very_ easy to replace the patented algorithm with another ... >> * Distribute the patented algorithm with the source, maybe ifdef'ed out. >There are dozens of precedents saying that you can't get away with this. >If you make a plug 'n' play system and try to avoid the patent on >playing by letting the customer do the plugging, you're in trouble. I presume the software engineering part is not what you object to. Could you (or anybody) post some precedents about distributing _source_ to patented stuff that were challenged and forbidden? >> The patent "owners" might then sue... whom? Whosever machine the offending >> ftp archive or bulletin board was on; ordering them to cease and desist ... >So they would sue for a lot more than cease-and-desist. Contributory >patent infringement can be quite expensive. If the list was not moderated? I hardly think a jury would award damages unless the owner of the machine could be proven knowledgable about the post beforehand. Again, I could be wrong. Counterexamples? >And nobody can distribute archives using the patented method, because as >soon as they do, they're admitting to having used it. This is not >practical for a compression standard. I agree that any patent that is visible in a program's output is not a viable object for piracy (`liberation' for those who like to mince words). But what about those that aren't? For example, what if somebody patented an algorithm that could make the GNU compiler twice as fast? And somebody posted the diffs? Would _you_ use them? (Disclaimer: I would.) Here are some more questions that spring readily to mind: How about an English description of the diffs? Legal, right? How about an English description of the diffs, with a few bits of C? How about an English description of the diffs, that is N% C? What is N? How about if the diffs were distributed by mail? Surely that is a freedom of speech issue. Or is it? Would you send the diffs to your friends? Should they be able to prosecute you for that? Does the data in your computer strike you as private? Should they be able to prosecute you for having patented material in your personal computer? Let me play oracle here for a moment: in the future, there will be computers in every room, networked together. There will be data superhighways connecting everything. What will copyright and information patents mean then? Nothing, in my opinion. Sure, you can rail all you want about the author's ownership of his/her ideas, and right to make money on them, etc. I even sympathize with this to a certain extent. But, the reality of having no control over the distribution of information will make such discussion academic. -Leonard ``Gar blimey, mates! Prepare to board!''
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,3328677f5953435d X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1991-02-04 11:42:42 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!fauern!ira.uka.de!sol.ctr.columbia.edu!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!linac!midway!mimsy!leonard From: leonard@mimsy.umd.edu (Leonard Dickens ) Newsgroups: gnu.misc.discuss Subject: Re: The chilling effect of software patents Message-ID: <29848@mimsy.umd.edu> Date: 4 Feb 91 15:21:29 GMT References: <64.UUL1.3#5127@aladdin.com> <29763@mimsy.umd.edu> <28566:Feb112:53:4791@kramden.acf.nyu.edu> Reply-To: leonard@mimsy.umd.edu (Leonard Dickens ) Organization: Universal Export Ltd, Regent's Park, London Lines: 48