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- Newsgroups: comp.sys.mac.apps
- Path: sparky!uunet!decwrl!csus.edu!netcom.com!btoback
- From: btoback@netcom.com (Bruce Toback)
- Subject: Re: Look & Feel
- Message-ID: <za-na0l.btoback@netcom.com>
- Date: Sun, 23 Aug 92 05:35:39 GMT
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <D88-JWA.92Aug17212850@dront.nada.kth.se> <lsr-190892144921@lsr.taligent.com> <D88-JWA.92Aug20094026@dront.nada.kth.se>
- Lines: 39
-
- In article <D88-JWA.92Aug20094026@dront.nada.kth.se> d88-jwa@dront.nada.kth.se (Jon W{tte) writes:
- >
- >A computer program is very
- >much like a painting (and ALL paintings are, by default, covered
- >by copyright) - and we already HAVE copyrights for programs.
- >That's a kind of protection I don't mind, since it protects the
- >work of the program makers, while leaving the field open for
- >independent program makers.
-
- Copyright protects the exact expression of the program maker, but not
- the design or algorithm that was the real creative work in the program.
- That also deserves protection.
-
- Rather than an "all or nothing" approach, why not a special patent
- that is appropriate in a very fast-moving field like software?
- Such a patent would not last for 17+ years, but for a shorter
- period of time, e.g., 3-5 years. These patents would be issued for
- algorithms that were "unique and nonobvious" just as patents are
- today. The shorter period of protection makes misjudgements on that
- score less harmful, while still allowing the inventor to profit
- from his/her/its creative efforts.
-
- Disputes over the uniqueness of an algorithm or the first to invent
- would be settled by arbitration rather than through the courts as
- they are now. An algorithm patent would be interpreted narrowly, so that
- (for example) the patent on the RSA cryptosystem could not be extended
- to cover all public-key cryptosystems, or the Hayes patent on
- escape-with-guard-time would not preclude the use of timing in
- other ways in order to share a channel. Narrow interpretation would
- help insure that it was worth patenting only the most unique and
- least obvious algorithms. Applications would be published immediately
- to help prevent "blanket" patenting.
-
- Such a narrow, short-term patent could be useful in other fields.
- Gene sequences could be covered by such a patent, helping researchers
- recover their costs but not precluding innovation based on the
- information contained in the sequence.
- -- Bruce Toback
-
-