ross@spam.ua.oz.au (Ross Williams) (05/21/91)
Call For Discussion on the Creation of comp.disclose ---------------------------------------------------- Author : Ross Williams. Date : 20-May-1991. Proposed Newsgroup: Name : comp.disclose Charter : A place to officially disclose technical information. Unmoderated Discussion: Many people have become concerned with the problems caused by the increasing scope of software patents. Following some landmark decisions, the US patent office is now granting patents for trivial software techniques such as overlapping windows and highlighted text. As a result, programming is fast becoming an activity jammed by legal processes. Amazing though it is, there are now software patents covering: * Scrolling with multiple subwindows. * Exclusive OR highlighted text. * Natural order spreadsheet recalculation. * Use of backing store to store overlapping parts of windows. These are just the beginning. Soon, it seems, it will be impossible to write a large computer program without accidentally violating several dozen patents. One of the reasons why this situation has arisen is because Computer Science has a rich culture of ideas which are so obvious that no one has ever bothered to publish them. Indeed, no journal editor would ever accept papers describing such "obvious" ideas as exclusive OR to highlight text or backing store for overlapping windows. Similarly, the ideas might not appear in textbooks. As a result, many obvious and well-known ideas have become patent targets. Some organizations, such as the League for Programming Freedom, are attempting to resolve the problem through political channels. This is undoubtably the best long-term solution. However, the creation of an "official" electronic forum for the disclosure of technical information would provide a partial short term solution. Once the newsgroup was created, programmers around the world could post descriptions of software techniques that they have seen or are using. The effect would be to immediately move an enormous quantity of previously unpublished software ideas into the public domain before the patent pirates get around to filing for them. The newsgroup would serve to simplify the public disclosure process for ordinary users and would provide an honourable place to describe techniques too obvious or urgent for publication. I place the following points up for discussion: * If such a newsgroup were created, would a posting to the newsgroup describing a technique constitute, from a legal point of view, a full public disclosure? Can any lawyers out there comment on this? * If such a newsgroup were created, are there any individuals or organizations that would undertake to archive the group in a secure manner and make it available to those involved in lawsuits concerning patents? Without this, the newsgroup would be useless. * Is comp.disclose the best name for the group? * One hidden danger is that once the newsgroup is established, lawyers attempting to demonstrate that an idea is non-obvious might argue that the absence of a posting covering an idea is evidence for the idea's non-obviousness. In this sense, the more thorough the newsgroup is, the more of a danger it could be. Further information about the problems with software patents can be obtained from: The League for Programming Freedom 1 Kendall Square #143 PO Box 9171 Cambridge MA 02139 Net: league@prep.ai.mit.edu Phone: +1 (617) 243-4091 Document: "Against Software Patents". Document: "Against User Interface Copyright". I look forward to discussion on this proposal, Ross Williams ross@spam.ua.oz.au