[comp.sys.amiga] Patents...

panon@cheddar.ucs.ubc.ca (Paul-Andre Panon) (05/29/90)

In article <24752@usc.edu> papa@pollux.usc.edu (Marco Papa) writes:
>In article <9005161119.AA18719@jade.berkeley.edu> FILLMORE@EMRCAN.BITNET writes:
>>At the risk of prolonging this thread, I would like to pose a question:
>>Since game ideas can't be copyrighted, can they be patented?
>>My understanding is that the patent system is there to protect ideas.
>>Marco?
>
>No, you don't want to open another can of worms like "patenting software",
>do you? Do you?
>
>-- Marco

Marco may have meant for that to be directed at me since I've sent him mail
on the subject. It took me a long time to get around to reply because
I've fallen so far behind in reading News (300 articles to go in comp.arch,
100 in alt.security, and one of these days I want to start reading
comp.unix.wizards... :-))

"patenting software", from my understanding of the current patent system
(admittedly very limited), doesn't exactly thrill me.

However, as time goes by and we more fully enter the Information Age,
information and, most crucial of all, ideas will be some of the few things
which will have real value. Even raw materials and land will probably be
secondary in importance. Actual manufacturing processes will increasingly be
within the capacity of the individual. Currently bulk processes are out of
reach of the individual but, given the Postscript version and an appropriate
laser printer, you can make fairly respectable copies of books, and as the price
drops it will be cheaper to print your own copy (seen the price of textbooks
lately?). Similar capabilities will, over the next 40 years, become possible
for an increasingly large number of products, given appropriate raw materials.

When the cost of manufacturing/copying a product drops far below the cost
associated with amortization of R&D however you run into problems. Software
piracy is only the forerunner of what promises to be a much more widespread
malaise in an Information Age society where the intrinsic value of an idea
itself is not recognized. Somebody who can copy the software for $4 worth of
media and the manual for $20 will wonder why it is being sold for $350.
Unless the development, production, distribution, and support costs are made
clear the price is going to seem exhorbitant (although, admittedly, in many
cases it really is overpriced). When widespread piracy occurs however, the
incentive to develop software/new ideas drops.

This does seem to lead to a vicious circle. What is needed is a mechanism
whereby the intrinsic value of ideas is recognized and properly compensated
for, but which cannot be abused by companies to prevent competition and
forestall progress. There's an old joke which goes
  "Mathematicians stand on each others' shoulders, Computer Scientists step
on each others' toes."

What I proposed to Marco was that a process in some ways similar to patenting
be established whereby inventors are granted "ownership" of ideas. Yes, even
for such basic ideas as the "windows/desktop" metaphor. Anybody who wishes to
use those ideas would have to pay the inventor a fee based on the original
development costs of the idea (plus some extra $$ for the risk), as determined
by an independent panel. However, the inventor would not be able to withhold
use from a competitor that was willing to meet the agreed price so that
this mechanism could not be used to create monopolies on particular
technologies.

This process would, admittedly be quite manpower intensive in administration
however providing a standardized format (like Income Tax forms :-) ) for 
evaluating development costs would hopefully help minimize the related overhead.

So what do you think? 

Maybe this should be continued in alt.futures but I don't read that group so
please mail me a copy of your replies if you re-direct/follow-up there.

BTW: I think discussions on this subject and the A3000 are much more interesting
than re-hashing "My argument is better than your argument" shouting matches
about software piracy and copy protection. They are symptoms. Try to cure the
disease. 1/2 :-)
--
    Paul-Andre_Panon@staff.ucs.ubc.ca        or    USERPAP1@UBCMTSG 
or  Paul-Andre_Panon@undergrad.cs.ubc.ca     or    USERPAP1@mtsg.ubc.ca
Looking for a .signature? "We've already got one. It is ver-ry ni-sce!"

mwm@raven.pa.dec.com (Mike (Real Amigas have keyboard garages) Meyer) (06/14/90)

In article <25284@usc.edu> papa@pollux.usc.edu (Marco Papa) writes:

   In article <26765a47-21a9.3comp.sys.amiga-1@tronsbox.xei.com> dfrancis@tronsbox.xei.com (Dennis Francis Heffernan) writes:
   >	You can neither copyright *nor patent* ideas.  If you could patent
   >ideas, we'd have some rich SF authors floating around. 

   Tell that to Rivest, Shamir and Adleman :-) They'll tell you that you CAN
   patent ideas (i.e. inventions).

Um, I think that for a patent, you're required to have a working
implementation to obtain the patent. This is slightly different than
being able to patent an idea. Which is why Clark didn't make any money
off of geosync communciation satellites, and RAH didn't make any money
off of waldos or waterbeds (though he did get one free waterbed - that
he didn't use).

For an interesting look at all this, you might check out the early
patent on the automobile. For an even more interesting analogy with
the software market, check out the early autmobile manufacturers
association which freely shared nearly all inventions, and the
exceptions were only exceptions for a few years.

	<mike
--
Cheeseburger in paradise				Mike Meyer
Making the best of every virtue and vice		mwm@relay.pa.dec.com
Worth every damn bit of sacrifice			decwrl!mwm
To get a cheeseburger in paradise

papa@pollux.usc.edu (Marco Papa) (06/15/90)

In article <MWM.90Jun14110900@raven.pa.dec.com> mwm@raven.pa.dec.com (Mike (Real Amigas have keyboard garages) Meyer) writes:
>In article <25284@usc.edu> papa@pollux.usc.edu (Marco Papa) writes:
>
>   In article <26765a47-21a9.3comp.sys.amiga-1@tronsbox.xei.com> dfrancis@tronsbox.xei.com (Dennis Francis Heffernan) writes:
>   >	You can neither copyright *nor patent* ideas.  If you could patent
>   >ideas, we'd have some rich SF authors floating around. 
>
>   Tell that to Rivest, Shamir and Adleman :-) They'll tell you that you CAN
>   patent ideas (i.e. inventions).
>
>Um, I think that for a patent, you're required to have a working
>implementation to obtain the patent. This is slightly different than
>being able to patent an idea. 

This is absolutely true, though today is much easier to patent inventions that
are embedded in computer programs (this is the result of the court decisions
during the '80s).  This is pretty much what the RSA people and others did.
[see the details on what makes something "patentable" in my reply to
the other fellow].

>Which is why Clark didn't make any money
>off of geosync communciation satellites, and RAH didn't make any money
>off of waldos or waterbeds (though he did get one free waterbed - that
>he didn't use).

While I believe the effort to build a geosync commmunication satellite
was out of the question for a single individual like Arthur Clarke, I see
no reason why RAH could not have built a working implementation of
a waterbed. He just chose not to do it.

-- Marco
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
"Xerox sues somebody for copying?" -- David Letterman
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

marki@tahoe.unr.edu (Mark N. Iverson) (06/15/90)

In article <MWM.90Jun14110900@raven.pa.dec.com> mwm@raven.pa.dec.com (Mike (Real Amigas have keyboard garages) Meyer) writes:
>In article <25284@usc.edu> papa@pollux.usc.edu (Marco Papa) writes:
>
>   Tell that to Rivest, Shamir and Adleman :-) They'll tell you that you CAN
>   patent ideas (i.e. inventions).
>
>Um, I think that for a patent, you're required to have a working
>implementation to obtain the patent. This is slightly different than
>being able to patent an idea.

Last time I looked into this (within the last 18 mths) you cannot patent an
IDEA.  YOU CAN PATENT THE IMPLEMENTATION OF THE IDEA (i.e. you must have 
a working prototype).  To get the "jump" on things, you can submit a 
Disclosure Document (~$10 fee) to the U.S. Patent & Trademark Office.  This
is a simple document that has a verbal explanation and some figures that 
illustrate the idea.  You explain it to a notary public, get it notarized,
and send it into the patent office.  They file it for 2 years.  Its purpose
is to establish a DATE OF CONCEPTION that will hold up in court, in the case 
that someone else has thought up the same idea and beats you to market.
The D.D. is NOT a patent; it does, however, give you time to build a 
prototype and begin the paperwork for a patent.

There are also DESIGN patents, but we won't go into those.

[rest of mike's article deleted]

>
>	<mike

--mark
-- 
Mark N. Iverson
uunet!unrvax!tahoe!marki            /  We dance round in a ring and suppose,
marki@tahoe.unr.edu  (scientists)->|   but The Secret sits in the middle,
marki@clouds.unr.edu                \  and knows.               -- R. Frost

dfrancis@tronsbox.xei.com (Dennis Francis Heffernan) (06/15/90)

|> Bob Heinlen invented
|>the waterbed, the waldo, and a few other goodies in his stories; Arthur C.
|>Clarke invented geosynchronous satellites.
|
|I guess they were not interested in the often grusom, lenghty and COSTLY
|process of applying for a patent.  All the items you mention certainly
|would qualify as "patentable".
|
|-- Marco

	Can't speak for Heinlen, but Clarke would sure have liked to have 
patented geosynchronous satellites. (Not that I'm A. Clarke's spokesperson,
but I've read statements from him to that effect...:-) ).

	But he couldn't.

	Hey, maybe they changed the law while I wasn't looking.  I'll be 
pissed if they did, though.

	People have speculated what type of society would develop after an
information society.  Some said it would be a leisure society.  Not so- we
now have the answer: a LEGAL society.


Dennis Francis Heffernan	|  "Remember the words of your teacher,
dfrancis@tronsbox		|   your master: Evil moves fast, but
...uunet!tronsbox!dfrancis	|   Good moves faster!"
Original text (c) 1990  	|   --Partners in Kryme, T-U-R-T-L-E Power!