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- Newsgroups: comp.sys.sun.admin
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!sol.ctr.columbia.edu!eff!ckd
- From: ckd@eff.org (Christopher Davis)
- Subject: Re: software patents (was: AT&T vs. BSDI --> 4.3BSD-NET2 distribution ...)
- In-Reply-To: marquis@well.sf.ca.us's message of Fri, 31 Jul 1992 15:49:25 GMT
- Message-ID: <CKD.92Jul31130919@loiosh.eff.org>
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: loiosh.eff.org
- Organization: Electronic Frontier Foundation Tech Central
- References: <Bs9FyD.HBJ@well.sf.ca.us>
- Date: Fri, 31 Jul 1992 17:09:21 GMT
- Lines: 29
-
- Roger> == Roger Marquis <marquis@well.sf.ca.us>
-
- Roger> [...] Clearly the present laws, as they apply to software, need
- Roger> to be brought up to date. But any intelligent person could see
- Roger> that there would be no incentive to develop software if anyone
- Roger> else could simply copy your code, unique idea, whatever and
- Roger> distribute it themselves. [...]
-
- You are conflating patent and copyright rather too much here. I don't
- think anyone here is arguing against the standard meaning of copyright
- for a computer program, and your implication that Joe is is rather a
- strawman argument.
-
- Patents are a separate issue. The main problem with the patent system
- as applied to software is that it makes no allowance for independent
- invention. If, say, a new fabric-weaving technique is developed, then,
- generally, only the fabric-weaving industry needs to do a patent search
- to find it (and it's therefore practical to find and license). However,
- if a programming technique (host-independent byte ordering, for example)
- is developed for a networked file system, it might also apply to the
- design of a parallel printer port, or a multilingual keyboard controller.
-
- This problem is *exacerbated* by the number of trivial patents (XOR
- cursor? I invented that when I was 12... oh no, I'm a patent thief!).
- --
- Christopher Davis * ckd@eff.org * System Administrator, EFF * +1 617 864 0665
- ``The First Amendment is often inconvenient. But that is besides the
- point. Inconvenience does not absolve the government of its obligation
- to tolerate speech.'' --Justice Anthony Kennedy, in 91-155
-