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Article #74788

Re: The chilling effect of software patents

#74788
From: Leonard Dickens
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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References: <64.UUL1.3#5127@aladdin.com> <29763@mimsy.umd.edu> <28566:Feb112:53:4791@kramden.acf.nyu.edu>

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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 )
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