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Article #75485Re: Imagine if you couldn't use compress any more
From: Michael Ernst
Date: Tue, 31 Jul 1990 19:03
Date: Tue, 31 Jul 1990 19:03
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4158 bytes
Ozan Yigit (oz@yunexus.yorku.ca) asks: > In article <9007271812.AA09756@sugar-bombs.ai.mit.edu> > rms@AI.MIT.EDU writes: > >The patent was later granted, and now Unisys says we're > >not allowed to run compress without their permission. > > Is this what unisys actually said (or put it in writing) to FSF, or > someone else running compress, or is it your interpretation of something > thay may have said regarding the algorithm to someone else, obtained > hear-say, phrased in a unique (!) way by you? The short answer is yes, Unisys says we're not allowed to run compress without their permission. I will let Unisys give the long answer. This is the text of a letter published on page 8 of the March 1990 issue of Dr. Dobb's Journal. Dear DDJ, In the "Letters" column of your December 1989 issue, Mark Nelson discusses U.S. Patent 4,558,302 entitled ``High Speed Data Compression and Decompression Apparatus and Method.'' The patent was developed by Terry Welch, a former Unisys employee, and is owned by Unisys. According to Mr. Nelson, I have been quoted as saying that Unisys will ``license the algorithm for a one time fee of $20,000.'' As a concession to the modem industry, Unisys has agreed to license the patent to modem manufacturers for use in modems conforming to the V42.bis data compression standard promulgated by CCITT, for a one-time fee of $20,000. This $20,000 license, however, is not a general license under all applications of our patent but is limited to the specific application discussed above. Responding to the second paragraph of Nelson's remarks, Unisys is actively looking into the possibility that a large number of software developers may be infringing one or more of our data compression patents. We have only recently become aware of these potential infringers and the process of taking action will take some time. Unisys is happy to accept inquiries from persons interested in acquiring a license to U.S. Patent 4,558,302. If your readers have any further questions, they should contact Mr. Edmund Chung of our licensing office, at 313-972-7114. Robert S. Bramson Unisys Blue Bell, Penn. Although algorithms are not supposed to be patentable, companies such as Unisys and others are claiming that they are. The courts seem to be very confused and have issued numerous conflicting judgements which range from affirming that algorithms are not patentable, to allowing algorithms to be "safeguarded" by patent (but not actually patented -- I don't understand this either), to seeming to uphold patents on algorithms. I doubt that this patent will be upheld in court, but stranger things have happened. Unisys isn't being particularly magnanimous in its modem licensing arrangement, since it's getting $20,000 for nothing. Unisys plans to pursue other users of the algorithm, and the second paragraph of Bramson's letter is a transparent attempt to avoid estoppel. (If you know about an infringement but don't do anything about it, you are considered to have condoned it; does anyone recall which issue of CACM the algorithm appeared in?) I trust that most of you are as disgusted by this as I am. Have you sent in your League for Programming Freedom membership yet? -Michael Ernst mernst@theory.lcs.mit.edu
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,489df72d7df83b95 X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1990-07-31 12:03:49 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!uunet!snorkelwacker!mintaka!mintaka!mernst From: mernst@theory.lcs.mit.edu (Michael Ernst) Newsgroups: gnu.misc.discuss Subject: Re: Imagine if you couldn't use compress any more Message-ID: <MERNST.90Jul31150349@emu.lcs.mit.edu> Date: 31 Jul 90 19:03:49 GMT References: <9007271812.AA09756@sugar-bombs.ai.mit.edu> <13292@yunexus.YorkU.CA> Sender: daemon@mintaka.lcs.mit.edu (Lucifer Maleficius) Distribution: gnu Organization: MIT Lab for Computer Science Lines: 64 Posted: Tue Jul 31 20:03:49 1990 In-Reply-To: oz@yunexus.yorku.ca's message of 31 Jul 90 17:14:53 GMT