Not logged in
Log in now
Create an account
Subscribe to LWN
LWN.net Weekly Edition for December 5, 2013
Deadline scheduling: coming soon?
LWN.net Weekly Edition for November 27, 2013
ACPI for ARM?
LWN.net Weekly Edition for November 21, 2013
Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them (Wired)
Posted Nov 6, 2012 1:26 UTC (Tue) by dalen (guest, #87654)
Posted Nov 6, 2012 3:22 UTC (Tue) by Cyberax (✭ supporter ✭, #52523)
So chemical processes and compounds are more analogous to classic mechanical inventions.
Posted Nov 7, 2012 1:24 UTC (Wed) by drag (subscriber, #31333)
The the rules setup for patents are completely arbitrary. There is no governing logic or natural system that patents are derived from. If patents exist the best you can hope for is that they are setup in a way the at is profitable for you.
Posted Nov 7, 2012 2:30 UTC (Wed) by Cyberax (✭ supporter ✭, #52523)
You can (in theory) get result of any algorithm by performing its steps on a piece of paper. You can't get a result of a chemical reaction by performing it on a piece of paper.
Posted Dec 5, 2012 5:25 UTC (Wed) by ghane (subscriber, #1805)
If I was to use pebbles on a large piece of cloth, to "reduce a set of numbers to another, for audio reproduction", would that be OK?
Posted Dec 5, 2012 8:41 UTC (Wed) by jezuch (subscriber, #52988)
Posted Nov 6, 2012 1:33 UTC (Tue) by JoeBuck (subscriber, #2330)
Software is very much an implementation of an idea or ideas that are rather tangible.
Posted Nov 6, 2012 17:26 UTC (Tue) by southey (subscriber, #9466)
Actually I find it more interesting that software is copyrightable but a recipe is not. Yet it is possible to patent a recipe and so it makes sense that software should be patentable. But obviousness and uniqueness need to be held to strict standards especially with the Benson and Mayo decisions to ensure that the specific implementation rather than the actual idea is being patented.
Posted Nov 6, 2012 19:28 UTC (Tue) by wahern (subscriber, #37304)
Any piece of software which, like a simple recipe, cannot be expressed any other way is, likewise, not copyrightable. Theoretically. Likewise, there undoubtedly exist many recipes which are copyrightable, presuming they're creative and expressive enough, and are not the only way to express the ingredients and method of preparation. For example, a method of preparation written in iambic pentameter, perhaps with some other flourishes for good measure. You would be free, of course, to extract and copy the simple recipe from such a work.
Copyright © 2013, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds