[comp.os.msdos.programmer] Are Software Patents KILLING Innovation

dtw@acsu.buffalo.edu (daniel t wesolowski) (10/14/90)

Hello fellow programers,

     If you create software/programs for use other than your personal
use, I strongly urge you to read the article "Software Patents" in the
Dr. Dobb's Journal (November 1990). While my posting does not even come
close to all the information contained in the article, here are some
quotes from the article.

     "Apple has been sued because the HyperCard program allegedly violates
      patent number 4,736,308, a patent that covers displaying portions of
      two or more strings together on the screen - effectively scrolling
      with multiple subwindow. Scrolling and subwindows are well known
      techniques, but combining them is apparently illegal."

     "the implementors of the widely used public domain data compression
      program 'compress' followed an algorithm obtained from IEEE Computer
      magazine. They and the user community were suprised to learn later that
      patent number 4,558,302 had been issued to one of the authors of the
      article. Now Unisys is demanding royalties for using this algorithm.
      Although the program is still in the public domain - using it means
      risking a lawsuit."

     "Even the giants cannot protect themselves with cross-licensing from
      companies whose only business is to buy patents and then threaten
      to sue."

     "Exempting software from the scope of patents will protect software
      developers from the insupportable cost of patent searches, the wasteful
      struggle to find a way clear of known patents, and the unavoidable
      danger of lawsuits. If nothing is changed, what is now an efficient
      creative activity will become prohibitively expensive. The sparks of
      creativity and individualism that have driven the computer revolution
      will be snuffed out."

      Could I be wrong, or is it time for us programmers and others to band
together and nip this patent garbage in the butt now! 

      In my opinion, if everyone starts playing the patent game, we won't
have to worry about what is the best programming language or who makes the
best compiler, cause we won't be able to use them anyway!

Dan

DISCLAIMER:  This posting reflects the views of the author only. 

tim@ggumby.cs.caltech.edu (Timothy L. Kay) (10/14/90)

dtw@acsu.buffalo.edu (daniel t wesolowski) writes:


>Hello fellow programers,

>     If you create software/programs for use other than your personal
>use, I strongly urge you to read the article "Software Patents" in the
>Dr. Dobb's Journal (November 1990). While my posting does not even come
>close to all the information contained in the article, here are some
>quotes from the article.

> [quotations deleted]

>      Could I be wrong, or is it time for us programmers and others to band
>together and nip this patent garbage in the butt now! 

I agree.  Programmers should band together.  The League for Programming
Freedom is an organization which was formed to oppose the concept of
Look-and-Feel copyrighting.  They have also recently taken on the task
of opposing the concept of software patenting.  They are lobbying congress,
working with the Office of Technology Assessment, and also picketing the
likes of Lotus.

Dues are something like $11/year for students and $42/year for
professionals.  There is an in-between category for computer
users who don't fit the other two categories.

If you'd like more information, contact league@prep.ai.mit.edu.

Tim

dsims@uceng.UC.EDU (david l sims) (10/14/90)

dtw@acsu.buffalo.edu (daniel t wesolowski) writes:

[software patents horror stories deleted]

I also think that software patents are a Bad Thing for the software
industry. So does The League for Programming Freedom. THE FOLLOWING
TEXT IS NOT MINE. I pulled it off the net about a month ago. Don't
reply to me! Reply to the LPF!


	       Fight "Look and Feel" Lawsuits
	   Join the League for Programming Freedom

The League for Programming Freedom is an organization of people who
oppose the attempt to monopolize common user interfaces through "look
and feel" copyright lawsuits.  Some of us are programmers, who worry
that such monopolies will obstruct our work.  Some of us are users,
who want new computer systems to be compatible with the interfaces we
know.  Some are founders of hardware or software companies.  Some of
us are professors or researchers, including John McCarthy, Marvin
Minsky, Guy L. Steele, Jr., and Patrick Winston.

"Look and feel" lawsuits aim to create a new class of
government-enforced monopolies broader in scope than ever before.
Such a system of user-interface copyright would impose gratuitous
incompatibility, reduce competition, and stifle innovation.

We in the League hope to prevent these problems by preventing
user-interface copyright.  The League is not opposed to copyright
law as it was understood until 1986--copyright on particular
programs.  Our aim is to stop changes in the copyright system which
would take away programmers' traditional freedom to write new
programs compatible with existing programs and practices.

The League for Programming Freedom will act against the doctrine
behind look-and-feel suits by any means consistent with the law and
intellectual liberty.  We will write editorials, talk with public
officials, file amicus curiae briefs with the courts, and boycott
egregious offenders.  On May 24th, 1989, we picketed Lotus
headquarters on account of their lawsuits against competitors,
stimulating widespread media coverage for the issue.  If you have
other ideas, please suggest them.

The League is also opposed to software patents, potentially even more
dangerous than look-and-feel copyright.  Patents threaten to make
every design decision in software development a chance for a lawsuit.
However, there is no way we can get rid of them except by organizing
to make Congress hear our voice.

Unless new forms of monopolistic practices arise, these are the only
issues that the League plans to act on.

Membership dues in the League are $42 per year for programmers,
managers and professionals; $10.50 for students; $21 for others.
Please give more if you can.  The League's funds will be used for
filing briefs; for printing handouts, buttons and signs; whatever will
influence the courts, the legislators, and the people.  You won't get
anything personally for your dues--except for the freedom to write
programs.  The League is a non-profit corporation, but because it is a
lobbying organization, your contributions may not be tax-deductible.

We also accept corporate (nonvoting) members; please phone or write
for more information.

The League needs both activist members and members who only pay their
dues.

If you have any questions, please write to the League or phone
(617) 492-0023.

		       Richard Stallman, President
		       Chris Hofstader, Secretary
		       Denis Filipetti, Treasurer
To join, please send a check and the following information to:

    League for Programming Freedom
    1 Kendall Square #143
    P.O.Box 9171
    Cambridge, Massachusetts 02139

Your name:


Your address, where we should write to you for elections and such:



The company you work for, and your position:


Your phone number and email address, so we can contact you for
demonstrations or for writing letters to Congress.  (If you don't want
us to contact you for these things, please say so; your support as a
member is helpful nonetheless.)


Is there anything about you which would enable your endorsement of the
LPF to impress the public?  For example, if you are or have been a
professor or an executive, or have written software that has a good
reputation, please tell us.



Would you like to help with LPF activities?






The corporate charter of the League for Programming Freedom states:

    The purpose of the corporation is to engage in the following
    activities:

    1. To determine the existence of, and warn the public about
    restrictions and monopolies on classes of computer programs where such
    monopolies prevent or restrict the right to develop certain types of
    computer programs.

    2. To develop countermeasures and initiatives, in the public interest,
    effective to block or otherwise prevent or restrain such monopolistic
    activities including education, research, publications, public
    assembly, legislative testimony, and intervention in court proceedings
    involving public interest issues (as a friend of the court).

    3. To engage in any business or other activity in service of and
    related to the foregoing paragraphs that lawfully may be carried on
    by a corporation organized under Chapter 180 of the Massachusetts
    General Laws.

The officers and directors of the League will be elected annually by
the members.

mitchell (Bill Mitchell) (10/15/90)

In article <40579@eerie.acsu.Buffalo.EDU> dtw@acsu.buffalo.edu (daniel t wesolowski) writes:
>
>Hello fellow programers,
>
>     If you create software/programs for use other than your personal
>use, I strongly urge you to read the article "Software Patents" in the
>Dr. Dobb's Journal (November 1990). While my posting does not even come
>close to all the information contained in the article, here are some
>quotes from the article.
>
....... (interesting quotes deleted)
>
>      Could I be wrong, or is it time for us programmers and others to band
>together and nip this patent garbage in the butt now! 

Fat chance getting the band together.  little chance to get them to play
in the same key.  No chance of that band having any effect on patent
practices.

>      In my opinion, if everyone starts playing the patent game, we won't
>have to worry about what is the best programming language or who makes the
>best compiler, cause we won't be able to use them anyway!
>

Those with the most expensive lawyers win again.

>Dan

Bill

brown@cs.utk.edu (Lance A. Brown) (10/16/90)

   In article <40579@eerie.acsu.Buffalo.EDU> dtw@acsu.buffalo.edu (daniel t wesolowski) writes:
   Fat chance getting the band together.  little chance to get them to play
   in the same key.  No chance of that band having any effect on patent
   practices.

   >      In my opinion, if everyone starts playing the patent game, we won't
   >have to worry about what is the best programming language or who makes the
   >best compiler, cause we won't be able to use them anyway!
   >

   Those with the most expensive lawyers win again.

   >Dan

   Bill

click...spark... WHOOSH... FLAME ON!!!!

I am sorry, but I think that the upcoming patent fracus is an important
point that we programmers and computer scientists need to take into
consideration and probably act upon.

I feel that negative attitudes and statement only help the lawyers and
"greedy" people in the world get ahead on this issue.  If we are to have
any effect on this we NEED to unite our voices, because this IS a democracy
and if enough people get up and say something about an issue they WILL be
heard.  It may take persistent action and patience, but our voices can be
heard. 

click...drip, drip, drip.  FLAME OFF

Lance A. Brown

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Lance A. Brown                            brown@cs.utk.edu 
3500 Sutherland Avenue, Apt. L-303	  Graduate Student in Computer Science
Knoxville, TN  37919                      Sun SparcStations are Neat!   
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