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- From: wicklund@intellistor.com (Tom Wicklund)
- Newsgroups: comp.software-eng
- Subject: Re: 200 software patents in two months - what's going on?
- Message-ID: <1992Jul30.221025.3149@intellistor.com>
- Date: 30 Jul 92 22:10:25 GMT
- References: <BrvIqF.9M5@world.std.com> <BrwqAA.qE@atherton.com> <GEOFF.92Jul27103700@wodehouse.flash.bellcore.com>
- Organization: Intellistor, Inc.
- Lines: 34
-
- In <GEOFF.92Jul27103700@wodehouse.flash.bellcore.com> geoff@flash.bellcore.com (Geoffrey Clemm) writes:
-
- >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.
-
- Exactly what does this patent say? I doubt a patent on the concept of
- checking calling parameters at link time is valid. A particular
- method of checking parameters might be valid (e.g. c++ name mangling,
- a copy or encoding of the calling sequence, etc). In this case you'll
- need to use a different method, talk to NEC, or fight it if they
- object.
-
- >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.
-
- How do recent IC startups exist? Many, many IC patents exist yet new
- IC manufacturers continue to enter the market. If patents are so
- restrictive IC manufacturing should be restricted to a few companies
- like IBM, National, TI, and the others who started in the 60's. No
- Japanese since they entered the market well after ICs were surrounded
- by a huge number of patents.
-