Software is The Glass Bead Game
Posted Feb 1, 2012 12:51 UTC (Wed) by java_developer
In reply to: Software is The Glass Bead Game
Parent article: LCA: Addressing the failure of open source
Sorry to have neglected this thread.
However, I don't think that's what is controversial, because I don't think patents get issued for some software.
A "patent on software CODE" which is the idea you're trying to express in the above is called "copyright". Copyright is indeed issued on all code the second it's been written with no special trip to the USPTO or like needed on the part of the developer.
Most by far, although not all, software developers think copyright is OK.
the claims of click-to-unlock (which I assume people include in the "software patent" category) talk about features of an iPhone (a piece of hardware) more than about computation steps.
Wrong. They talk about the user doing this to the interface and then that occurring as a result. They talk about the steps of the interaction and the result of the interaction and "one realization" of the patent which is what the thing actually looks like and does but is just ONE realization while the patent covers an infinitude of realizations, so it's not pinned down to any particular "realization" .
I doubt a code rewrite would avoid infringing it.
Oh, and how right you would be. It's a patent on an abstract set of "aspects of a thing" (but one realization is provided so the examiner "knows what they mean" ) interacting on an abstract "device" in certain ways.
I believe the definition people usually use for "software patent" is something more like "a patent on an invention that is typically implemented with software." But much less vague, since there are so many kinds of software and so many ways to implement something using it.
This is correct.
to post comments)