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- Newsgroups: comp.software-eng
- Path: sparky!uunet!walter!geoff
- From: geoff@flash.bellcore.com (Geoffrey Clemm)
- Subject: Re: 200 software patents in two months - what's going on?
- In-Reply-To: mcgregor@netcom.com's message of Fri, 24 Jul 1992 19:03:45 GMT
- Message-ID: <GEOFF.92Jul27103700@wodehouse.flash.bellcore.com>
- Sender: news@walter.bellcore.com
- Nntp-Posting-Host: wodehouse
- Organization: Bellcore
- References: <BrvIqF.9M5@world.std.com> <BrwqAA.qE@atherton.com>
- Date: 27 Jul 92 10:37:00
- Lines: 62
-
- In article <BrwqAA.qE@atherton.com> mcgregor@netcom.com (Scott L. McGregor) writes:
- In article <BrvIqF.9M5@world.std.com> srctran@world.std.com (Gregory Aharonian)
- writes:
- > To appreciate the magnitude of the problem of software patents, what
- > follows is a list of about two hundred patents from just TWO months of 1991.
- > The software community should start helping the patent office better manage
- > the process of awarding software patents.
-
- The only way in which the software community can "help" with the current
- situation wrt software patents is to do whatever you can to make software
- patents illegal. The *ONLY* effects of software patents will be to effectively
- lock anyone other than the mammoth corporations out of the software production
- market, and to provide additional job security for thousands of lawyers.
-
- I read through the list and there were a great many which had titles that
- suggested that they were not software per se, but hardware
-
- Yes, most patent applications try to use the terminology of the hardware
- world to make their patents sound like something that could sensibly be
- patented (i.e. a hardware device that requires manufacturing).
-
- In case anyone has forgotten, the purpose of patents was not to try to maximize
- the chance that some individual gets rich, but rather to encourage invention.
- And in case any programmers out there are hoping that your software patent
- might make you rich, pinch yourself hard, because you are dreaming. The
- folks that might get rich from software patents are lawyers, and executives
- from large corporations.
-
- Anyway, I'm curious as to that
- person's selection criteria. How is this list built? How is it decided whether
- or not to include a patent which includes a digital or analog electronic
- component or process? How is it decided what to exclude?
-
- More to the point, who cares ? The point is that thousands of patent
- applications for simple software techniques are being filed *and* being awarded
- by the US Patent Office.
-
- For example, US Patent #4992971 was awarded for the "Method and Apparatus for
- an Automatic Check of Whether or Not Calling Parameters Correspond to
- Called Parameters During Linkage Operation". "Apparatus" in this case
- turns out to be a computer program ... one of those "hard to manufacture"
- physical devices that require patent protection. So the next time you
- write a loader that verifies that the number and types of your routines
- match across separate compilation boundaries, better start negotiating
- with NEC for how much you owe them for royalties.
-
- No problem, you say, we'll just prove prior art for this case. Well,
- better break open that piggybank, because it's not cheap fighting big
- corporation lawyers. And while you're at it, get ready to work on the
- thousands of other "methods" and "apparatuses" that you've inadvertently
- infringed upon.
-
- So if you think you might want to produce software in a company with
- less than 10,000 employees (and 500 laywers on staff), you might want
- to get active in fighting against software patents.
-
- Cheers,
-
- Geoff
-
- --
- geoff@bellcore.com
-