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- After someone patents a product or method that he invented, he can sue
- anyone who makes, uses, or sells the invention. You've probably heard
- that Welch at Unisys patented LZW compression some years back, and so
- Unisys can sue anyone who uses UNIX compress or any similar program.
- You may not have heard that Miller and Wegman at IBM independently
- discovered several compression methods, including LZW---and sent their
- patent application to the Patent & Trademark Office before Welch did.
- So it appears that IBM controls LZW.
-
- How can Unisys patent something that IBM already patented? And how can
- either of them patent what are obviously mathematical algorithms, when
- mathematical algorithms aren't supposed to be patentable? The answer is
- that the Patent & Trademark Office doesn't let mathematicians and
- computer scientists become patent examiners. So none of their examiners
- can recognize mathematics without a court order, and even then they have
- trouble. They also can't tell that two patents cover exactly the same
- algorithm when the wording is slightly different.
-
- Practically every good compression method in the last ten years has been
- patented. Modem and disk manufacturers can't ignore the possibility of
- government-approved monopolies on compressors: there's too much money at
- stake. So they apply for one patent after another, twisting the wording
- as much as possible so that the patent examiners don't realize they're
- patenting mathematics. By and large, they succeed.
-
- On December 26, 1990, I discovered an apparently new compression method,
- Y coding. I haven't found a way to make Y run as fast as compress (yet),
- but it's not too slow for general use, and it produces better results
- overall than any other non-Huffman dictionary compressor I've seen. I am
- sick and tired of having to tiptoe through this minefield of patents; I
- want a method that produces good results and can be used freely by
- anyone. Well, now I have it. Everything in Y coding is public domain. No
- copyrights, no patents, no protection at all, on the code or on the
- algorithms or on the file format or on anything else. I can't be totally
- sure, of course, that I'm the first to discover Y, but everyone I've
- talked to thinks it's new. Use it as you will.
-
- Several months before I found Y coding, I found what I now know to be
- Storer's AP coding. At first I thought it was new, and I started putting
- together an implementation. It's quite a bit faster than my Y
- implementation---even faster than compress on some machines---and uses
- less memory. But it has turned out to be patented. I've included the
- code in my Y package because I don't want my work to go to waste, but it
- can't be used freely. You can use AP for what's sometimes called
- ``experimental use''; the precise wording in most court cases is ``for
- the sole purpose of satisfying philosophical taste or curiosity, or for
- instruction and amusement.'' Patents never apply to that sort of use.
-
- If you like AP's efficiency and want to start using it for more than
- satisfying your philosophical curiosity, you might be tempted to ask
- Storer for a license. Don't give in! First, his patent---any compression
- patent---is on very shaky ground, and as it hasn't been acknowledged in
- the industry, it's even weaker. Second, you can challenge the patent by
- sending the Patent & Trademark Office about $2000 and an explanation of
- why AP is a mathematical algorithm. Now you may not have the money or
- lawyers or time or energy to do this successfully, but there are a lot
- of people who feel just as restricted. You should check up on the League
- for Programming Freedom; if you don't subscribe to their political goals
- but still want to get rid of compression patents, send me a note. In any
- case this will be cheaper on everyone than paying Storer for something
- he shouldn't even control. Third, Y isn't that much slower than AP, and
- it compresses just as effectively. Chances are good that I or someone
- else will find a faster implementation soon. Finally, we may be able to
- convince Storer to donate his patent to the public good. If you want to
- appeal to his morals, send a note to storer@cs.brandeis.edu, copy to
- brnstnd@nyu.edu.
-
- Disclaimer: I'm not a lawyer. I'm just an outraged citizen.
-
- ---Dan Bernstein, brnstnd@nyu.edu
-