SYKLB%NASAGISS.BITNET@cunyvm.cuny.edu ( Ken Bell) (07/28/90)
> From: Michael Rowan <mtr@geech.ai.mit.edu> > Subject: Patents > Despite the fact that they are built from simple parts, computer > programs are incredibly complex. The program with fifty thousand lines > probably has a hundred thousand parts, making it as complex as an > automobile, though far easier to design. But can it take me to the country on the weekend? :-) More seriously, "an automobile" was chosen since it is, conveniently for the purpose of the argument, a "high-ticket item". Aren't there other electronic/mechanical devices that are similarly complex but less expensive? Perhaps a stereo receiver? > Software can be easily and cheaply copied. So can the books on the "bestseller" lists. But not legally :-( > Thus, a program which computes prime numbers is a piece of software. A > mechanical device designed specifically to perform the same computation > would not be software, since the mechanical device might fail if it were > not properly oiled, and would have to be constructed out of physical > objects. The software could fail also, for numerous reasons, including, but not limited to, changes in the "surrounding system environment", e.g., operating system upgrades, timing errors (introduced perhaps by addition of a new peripheral, or by degradation of existing hardware), and even "programming errors", which your "ideal" program is certainly free of, although my "real" programs are not. The terms "software maintenance" and "system maintenance" spring to mind. Really, my only point is that it's not clear to me that software is intrinsically different, vis-a-vis patentability, than hardware. BTW, this thread should probably be moved somewhere *other* than the Unix-wizards list, no? * Ken Bell (SYKLB@NASAGISS or SYKLB@NASAGISS.GISS.NASA.GOV) 212-578-5545 * Acknowledge-To: <SYKLB@NASAGISS>
milgr@teapot.prime.COM (Marc Milgram) (07/30/90)
In article <24002@adm.BRL.MIL>, SYKLB%NASAGISS.BITNET@cunyvm.cuny.edu ( Ken Bell) writes: |>> From: Michael Rowan <mtr@geech.ai.mit.edu> |>> Subject: Patents |>> Software can be easily and cheaply copied. |> |>So can the books on the "bestseller" lists. But not legally :-( But this is covered by copyright law, not patent law. Copyrights as applied to books (and other written text) prevents people from copying text, but not copying ideas. An algorithm is an Idea. If an algorithm is not patented, anyone can use the algorithm (though, they he not duplicate the code from a copywritten program). I believe this was discussed on comp.risks a while back. Marc Milgram I speak for myself. milgr@teapot.prime.com