Article View: gnu.misc.discuss
Article #75318Re: Patents (was Re: Copyrights)
From: Bruce Karsh
Date: Sat, 11 Aug 1990 10:01
Date: Sat, 11 Aug 1990 10:01
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In article <58801@bbn.BBN.COM> pplacewa@bbn.com (Paul Placeway) writes: >karsh@trifolium.esd.sgi.com (Bruce Karsh) writes: >On the other hand, "Look and Feel" is a recent, and not fully >established concept. Further, it is not yet clear if there is any >protection for pure algorithms. It's new for software, but it's been in effect for other areas for a long time. For instance, music copyrights. Also, there is an analogue to look and feel protection in publishing. You are not allowed to steal someone else's book by making simple changes to names, places, etc. If you write substantially the same book, even if not one name is the same, you will infringe. >The problem is that usually when one of these patent-pending good >ideas appears in a journal, there is no warning that this might be >propriatary. Other people will start to use it as if it was free >(because they don't know any differently -- it was PUBLISHED after >all), and then they find out later, AFTER THEIR PRODUCT DEPENDS ON THE >GOOD IDEA, that they can no longer use it (or SOMETIMES, but not >ALLWAYS) that they can but have to pay some amount. OK, I've been saying lots of good things about patents. This is a problem area. The problem is that the patent office is overworked and they don't have enough money to hire all the examiners that they need. It often takes a couple of years for a patent to be issued. >So now the original person gets BOTH rewards -- one for making the >idea available, and one for keeping it propriatary. This, I feel, is >not fair to the rest of the community. This seems OK to me. It's good to make ideas be public. It's OK for the inventor to be honored for doing this. >A (perhaps radical) solution to this would be a small change in the >patent laws: if you publish before the patent is GRANTED, you loose >any claims to the idea. Wouldn't it be adequate to require that the article state that a patent is pending? This seems like an improvement to me. I kind of wonder if you want to hold up publication until after the patent is granted. In the first place, it could be discovered by somebody else in the meanwhile and in the second place others could use the information in the disclosure to advance the field. >Journals could also help out by requiring the >author to sign away any propriatary claims to the ideas described. >Perhaps some organization similar to the FSF should start such a >journal. Why should an inventor have to sign away propriatary claims in order to publish. The inventor doesn't have to publish at all. >A few things to keep in mind: if the protection you desire were >allready in place 5 years ago, your company probably would not exist, >because the command structure and interface of UNIX would be >propriatary to AT&T. Ack! I hope that this posting is not representative of the views of the opponents of software inventor's protection. I'd hope that the discussion could be made on the basis of understanding of the issues, not on the basis of misconceptions. UNIX is proprietary to AT&T. We, like other UNIX system vendors, pay a license fee to AT&T to be allowed to use their invention. >If using recursion as a programming technique were patented, the >renewal of that patent would expire about 4 years form now. This is false. There's prior art for recursion going back at least to the fifties. >Quick Sort, Heap Sort, Shell Sort, etc. would all be patented. YOU >COULN'T SORT DATA WITHOUT PAYING A ROYALTY. This is false too. If they were patented when they were discovered, the patents would have long since expired. Further, in order to have a situation where "YOU COULDN'T SORT DATA WITHOUT PAYING A ROYALTY", all the sorting techniques would have to be patented at the same time. Since there are still undiscovered sorting methods out there, it'd be difficult to imagine a hypothetical situation in the past where sorting was totally locked up with patents. I think that the discussion of the merits of patents can proceed without any upper-case fear-mongering. If software patents should be done away with, it's not for some simple and obvious reason. Other fields have been patenting things for a long time and there have been no disasterous effects. >Associative arrays (which appear in many languages and _are_ >databases) would be patented. Maybe you could use them, maybe not. There's prior art for this back to the 50's. >I could go on. Spare me. > The point is if the kind of protection that Bruce >seems to want were actually in place, we wouldn't be working on >computers at all, because they MIGHT have progressed past the early >60s by now, but you certianly wouldn't be able to afford to buy one >yourself. Computers have always been protected by patents. There's no evidence that software patents will dramatically increase the cost of computers. More likely, they'll decrease costs, as they have in other fields of invention. >The software industry was working along JUST FINE in 1982. If it >ain't broke, don't fix it. You must be kidding. Bruce Karsh karsh@sgi.com
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,a3783b857baac617 X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1990-08-11 06:23:28 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!sunic!uupsi!rpi!zaphod.mps.ohio-state.edu!wuarchive!decwrl!sgi!karsh@trifolium.esd.sgi.com From: karsh@trifolium.esd.sgi.com (Bruce Karsh) Newsgroups: gnu.misc.discuss Subject: Re: Patents (was Re: Copyrights) Message-ID: <66709@sgi.sgi.com> Date: 11 Aug 90 10:01:34 GMT References: <MERNST.90Jul28233614@emu.lcs.mit.edu> <970025@gore.com> <66187@sgi.sgi.com> <58801@bbn.BBN.COM> Sender: karsh@trifolium.esd.sgi.com Reply-To: karsh@trifolium.sgi.com (Bruce Karsh) Organization: Silicon Graphics, Inc., Mountain View, CA Lines: 115 Posted: Sat Aug 11 11:01:34 1990