Article View: gnu.misc.discuss
Article #75390Re: Patents (was Re: Copyrights)
From: tp
Date: Fri, 10 Aug 1990 14:48
Date: Fri, 10 Aug 1990 14:48
67 lines
4558 bytes
4558 bytes
In article <58830@bbn.BBN.COM>, cosell@bbn.com (Bernie Cosell) writes: > pplacewa@bbn.com (Paul Placeway) writes: > }Quick Sort, Heap Sort, Shell Sort, etc. would all be patented. YOU > }COULN'T SORT DATA WITHOUT PAYING A ROYALTY. > > ... > The dumb sorts would surely all be unrestricted. Oh... you don't want > to USE the dumb sorts: you want to use one of the fancy, more efficient > ones... no problem: just pick the one that best fits your needs and > buy/license it; is that _such_ a blasphemy? Why is that any different > than your building something using any other kind of technology. Say, > instead of selling something that sorts a list you want to sell > something that padlocks a box shut. well, if you want to take > advantage of Medeco's or Sargent's or whoever's innovations, you're > free to buy one of theirs or license the technology. If you don't want > to do that, you can find an unrestricted type of locking mechanism, or > you can invent your own. The idea that you could take one of their > locks apart [or read their advertising copy where they describe how it > works] and then go and make, and sell, a knock off is outrageous. I can go to the hadware store and buy a useful, serviceable Master padlock for under $10 that I can take home and hang on my gate with no modifications to the lock or the gate to make them work. I have no need to copy or make anything. I'll concede your point when you tell me where I can get a quicksort for $10 that I can drop into my program without modification to the quicksort or the program and it will do exactly what I want. Your answer should be general to this entire class of problem, not just quicksort. I thought not. The problem is that an algorithm is a lot less like the plans for a padlock or a carbuerator, and more like a formula or equation. People that read things in software journals aproach them the same way a mathemetician or a physicist aproach the journals in their field, not like an engineer. Also, not that there are a lot more different kinds of locks than there are of sorts (realize that of the sort algorithms you could name MANY are variations on the others). An algorithm is more like a mathematical principle than like a kitchen appliance. They are more discovered than invented. If one person doesn't discover an algorithm, another will, probably fairly soon, because the discoverer of an algorithm generally adds one or two new twists to existing methods. Example (something I'm having to learn about right now): Bezier curves were discovered independently within a few years by applied mathematicians working for Renault and Citroen. Bezier got all the credit because while Citroen kept de Castlejau's work secret (he was first, BTW), Renault allowed Bezier to publish. This work is the basis for most surface modeling used today. Certainly big companies could have licensed it, but not all work on the theory and application was done by big companies. Note that you can't simply classify this as mathematics, the original de Casteljau evaluation of a Bezier is an algorithmic description, NOT simply a formula. Had these techniques not been widely available, I think 3D CAD would be much less mature than it is today. If it were simply kept secret (what you say would happen without patent protection), it simply would have been discovered by someone else (after all, it DID happen that way to start with). But by restricting the use of these formulas/techniques, you would have stunted the development of the entire field of Computer Aided Graphics Design, which relies heavily on Bezier curves and surfaces. -- Terry Poot <tp@mccall.com> The McCall Pattern Company (uucp: ...!rutgers!ksuvax1!mccall!tp) 615 McCall Road (800)255-2762, in KS (913)776-4041 Manhattan, KS 66502, USA
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,a3783b857baac617 X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1990-08-10 23:59:09 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!uunet!shelby!apple!rutgers!maverick.ksu.ksu.edu!deimos.cis.ksu.edu!mccall!tp From: tp@mccall.com Newsgroups: gnu.misc.discuss Subject: Re: Patents (was Re: Copyrights) Message-ID: <3366.26c2c92b@mccall.com> Date: 10 Aug 90 14:48:11 GMT References: <MERNST.90Jul28233614@emu.lcs.mit.edu> <970025@gore.com> <66187@sgi.sgi.com> <58801@bbn.BBN.COM> <58830@bbn.BBN.COM> Organization: The McCall Pattern Co., Manhattan, KS, USA Lines: 67 Posted: Fri Aug 10 15:48:11 1990