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Software patents illegal...

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interesting article..

http://news.zdnet.co.uk/business/legal/0,39020651,39270929,00.htm

and I just had to send the European Government this:

I wish to inform you that I actually agree with your decision, that software patents are not to be issued or respected.

A patent on software is identicle to a Patent on a cook book.
Both are a collection of words used to give directions in accomplishing a specific task.
Since a cook book is not patentable anywhere in the world, software is not patentable, under the existing laws, anywhere in the world.

I salute you for having both the intelligence and courage to set the correct path and walk it, something that other government bodies fail miserably at doing.

Sincerely,

Jaqui

104 replies

by nighthawk808

Oops... thought I was on Slashdot for a second.

But seriously, if you'd have shown me that before you sent it, I would have signed it too.

The "actually agree" was a nice touch.

Post edited to add last sentence.

by jaqui

since the patent lobby groups will slam them for it, my comment, as a software developer in support of them killing software patents, can only let them know that not everyone in software development is for software patents.

and the article has a link to their site where you can send your own feedback.

editing to add:

I saw the article mentioned on slashdot myself, and I posted the same comment there. }:)

by apotheon

In comparison with previous position statements from the European Commission, this is an improvement. It is not, however, perfect. This actually still allows for software patents to be requested and granted: it just allows a sufficiently filthy-rich litigant to overturn the patent in court. A potential side effect of this method of "invalidating" patents might be the effective shutting-out of economically less powerful parties from using patented software while larger organizations will have free reign.

Think about it for a moment: a corporation that holds a software patent might leave other large organizations to their own devices, with all the free license they need to make use of the patented technology. The patent-holding corporation need only threaten litigation for individuals and organizations small enough to be substantially financially harmed by the court proceedings regardless of whether they win or lose. This allows for a protection racket to arise, wherein back-room deals serve to provide for easy use of patented software technologies for huge corporations and required licensing for any bit player on the market.

This, of course, would effectively screw open source software projects.

In that light, this new position of the EC makes perfect sense. The large corporations both want to be able to patent their software and want to be able to use others' technologies without having to pay for them, and they all want the little guys to be shut out of the market. Now, they've found a way to do it: allow software patents to be overturned if sufficient money is available to pursue the matter in court, but otherwise allow patents to be registered and approved, providing a means by which they can be enforced by threat of litigation. It's enforcement by attrition.

by nighthawk808

The game of cross-licensing "house" (I'll show you my patents if you show me yours) that you bring up sounds a lot like business as usual here.

Your reservations are understandable and well-founded, but I'll take a half-step forward over two steps back. Perhaps, once they realize what a charlie foxtrot the whole system is, they'll go back to the drawing board.

by nighthawk808

He's willing to take the copyright case of Apotheon v. Apotheon for a quite reasonable retainer fee.

by justin james

I like your analogy of the cookbook. I also think that software patents are rediculous. I also agree that the USPO is most possibly violating the law when it issues them, but I am no lawyer.

However, I must be very careful with your phrase "...software patents are not to be issued or respected." It is the word "respected" which is potentially problematic for me. If by "respected" you mean as an attitude, I agree. I look down on them too. If you mean "obeyed" then I must disagree. Until a court verifies that software patents are illegal, then I have a fiduciary responsibility to my employer and my clients to not do anything which can land them in legal trouble. I also have a responsibility to myself to do the same, even on private/personal projects, as I do not have the financial resources nor the emotional wherewithal to go through a court battle.

I can totally understand and agree with the idea of fighting this principle, and I support the fight, but I cannot support it through violating the current patents. If I felt very strongly about it, I would have to leave my employer and work exclusively for myself, as it would be wrong for me to put my employer or customer at risk over my personal beliefs.

J.Ja

by deepsand

One upon a time, there was no protection available for software; eventually, it was determined that such was in fact entitled to copyright protection, just as, to use Jaqui's example, a cookbook would.

The startling change determined that, while software was not a process or machine, it controlled such, and was of no value without said process or machine, and that it was therefore worthy of patent protection.

Now, using such argument, one could submit that a cookbook was also patentable, as it both controlled a process, and it was of no value without the use of machines, the cook and the stove. And, while I doubt that anyone of sound mind would accept such a conclusion, the fact remains that the Courts did.

Many have labored long and hard to reverse such specious rulings, to no avail. With the aid of those in Europe who have vehemently opposed adopting the official US point of view on this matter, we may yet see a reversal within our lifetimes.

For more info., see

http://www.bitlaw.com/software-patent/history.html

and

http://en.wikipedia.org/wiki/Software_patent

by ang2006

It just goes to show how many dumb judges there are out there--they can be persuaded to make case law(meaning not directly passed by a legistlative body) even when it goes against common sense. Really is a shame when they get so caught up in the high sounding law words that their common sense fails.

by cool_breeze

That's an interesting analogy and an accurate one, I think. Software should be subject to copyright laws, just as a cookbook is, but I have to agree patents for software just does not make sense.

by jaqui

is exactly right, software is copyright material, not patent material.

all open source software allows the original author to keep their copyright.
the open source licenses usually only restrict from making it proprietary. Gnu-GPl being the only one that restricts from commercial usage of the code at all. the BSD license allows for commercial use, but requires it remain open source.
they all specify that copyright belongs to original author, any changed or original code belongs to you.

by too old for it

.. is the same as copyrights for most any other non-fiction work: Any professor's assistant can run your entire book through the campus photocopier, insert it into a syllabus, which the professor will sell to every student his TA's teach, and call the whole shiteree "fair use".

by deepsand

Before the US Courts determined that software was eligible for statutory patent protection, it was eligible for copy for copyright protection.

Afterwards, many, if not most, decided that patent rights were preferable to copyrights.

For info. re. the history of protecting software prior to the availability of patents for such, see

http://www.gigalaw.com/articles/2000/kirsch-2000-04.html

by bigtoewossi

It is quite evident that you do not write software. Patents are issued to "a new idea or system; a new use of existing products, parts of or new combinations of ideas". A cookbook that lists recipes can only be copyrighted if there are "all" new recipes. And that is use of existing "parts" in a new system.
If you set to write software and spend 2 years developing a saleable product, be it a physical or virtual, you have the right to the intellectual property. The result of labor, in this case mental labor, is the merchandise, saleable and fit to make a profit from. It is only free if the writer chooses to give it away.
You legal IQ must be in the low 60's ! ! ( in lieu of more direct ways to express my contempt of people that think the way you do)

BW

by apotheon

Jaqui writes software for a living.

Copyright doesn't require that all contents be new: only that the presentation be new. That's why copyright can apply to reprints of public domain works, and why the inclusion of a single fake word can make an entire dictionary subject to copyright.

There's a distinct difference between having a right and having a legally protected or provided privilege. Intellectual property law relates to legal privileges, not rights. Thus, your statement that spending two years (as if the time spent means jack) writing software entitles you to a "right" to intellectual "property" (which isn't even the legal term for it) is technically inaccurate.

Your completely pointless, groundless, and juvenile argumentum ad hominem at the end of your post just seals the deal. You clearly haven't much of worth to add to this discussion so far.

by deepsand

1) [b]Copyrights[/b] protect a specific [b]expression of an idea[/b], not ideas themselves. A cookbook need only express recipes in [b]any[/b] manner unlike that of others to be eligible for copyright protection.

See http://en.wikipedia.org/wiki/Copyright

2) [b]Patents[/b] protect [b]ideas[/b] only, [b]not[/b] the expression of an idea; and, [b]not all ideas are eligible[/b] for such. Among the requirements are those that such invention must be:
..a) a [b]device, method, process or composition of matter[/b]:
..b) new and [b]novel[/b]; and,
..c) [b]non-obvious[/b].

See http://en.wikipedia.org/wiki/Patent as a starting point.

It is clear that you know little to nothing re. patent and copyright law. In the future, you would be well advised to get the facts before you speak.

BTW, I [b]have[/b] studied patent and copyright law.

"[i]Better to remain silent, and be thought the fool, than to speak and remove all doubt.[/i]"

Attributed variously to Mark Twain and Abraham Lincoln

by jaqui

I can take a copy of "The Joy of Cooking",
change it to strictly metric mesurements.
change the layout
then copyright the revised version, and, since software patents exist, I can then demand a patent on it, making all other versions of the book in violation of my patent and killing the entire industry. ;)

just like the companies patenting software are trying to do to software development, kill it off by patenting stupid things.

Then you have the USPTO colluding with them in destroying inovation and development by issuing patents on software.

edited for typo

by apotheon

That should have been plural, and/or used the Latin for "and" to indicate connectivity between the references to ignorance and personal attacks.

"ignorantiam" looks wrong, but I'm too lazy to double-check it

Who, me? Pedantic? Perish the thought.

by deepsand

1) Law historically lags technological advances, just as it does those of other natures. Thus the courts are oft times charged with the difficult task of deciding issues in the absence of clearly and directly applicable statutory law.

2) Those charged with writing statutes, and the regulations that enforce them, along with those who adjudicate such, are frequently ill equipped for such in those areas which require an in depth knowledge of the material issues, so as to yield results that are all too easily subverted.

As re. the issue here at hand, this has resulted in court decisions that may in fact have been proper within the scope of the specific cases involved having been applied in a manner that far exceeds the scope of those cases. And, as it is within the authority of Congress to oversee the USPO, and its having failed to execute such responsibility, it is they who are ultimately accountable for this current morass.

by too old for it

... that you had to have an undergraduate degree in a hard science (chemistry, biology, physics, engineering) to practice as a patent attorney.

Presumeably all you need now is a bachelors in poly sci and a law degree. Or so it would seem.

by deepsand

While it's been a while since I roamed the halls of academia, presumably the various science/engineering departments are still encouraging/requiring those majoring in such fields to complete a course in said law.

by pkr9

Patents never did any good to 'innovation', they stiffle it.

But living in the EU I must make a small correction. There is no such thing as a European Government. The EU is basically a very undemocratic system. What you call the EU Government is the 'Commission' with members _appointed_ by the various governments - mostly high ranking old politicians. There IS a EU parliament, but it is quite powerless commonly known as 'The Mickey Mouse Parliament', although it has got more power over the years, but it is still the commission that initiate laws, which are called directives.

The patent affair has been circulating in the system for years, and to show how the EU works the SW patent directive was silently put on the agenda for approval at an agricultural minister meeting, probably in the hope that nobody would know what it was and give it the 'rubber stamp'. We can thank the Polish minister of agriculture for calling the bluff.

by deepsand

As prelude, please note that this discussion is specifically about software patents, not about the more general issue of "intellectual property." Secondly, "we here" neither call the EU the "European Government," nor are we discussing a particular patent system.

What we are discussing is the issue of whether or not software qualifies as a patentable "invention."

1) A minimal amount of logical reasoning will tell you that, absent the lack of a need for present and future income, one will not invest any significant portion of either his income or wealth for the sole purpose of the advancement of knowledge. Therefore, it is only those who are already independently wealthy, or those for whom such endeavors hold the promise of a reasonable opportunity of future income, who will make such an investment.

Patents provide the opportunity for such future income to be realized, without the risk that others will immediately be able to seek to gains the fruits of the inventors labors.

Therefore, patents do, in fact, promote innovation; and, there is much empirical evidence to support such.

2) Software, however, fails to pass the tests re. those types of ideas held to be eligible for patentability. For more detail re. such requirements, see my above post.

Furthermore, empirical data suggest that software patents not only fail to promote innovation but may in fact hinder it.

Nonetheless, software is an expression of an idea, and therefore, to the extent that it qualifies as a unique expression of a particular idea, is worthy of copyright protection, which it presently enjoys.

By continuing to provide copyright protection alone for software, one is free to write a unique program to perform a given function, both with the knowledge that his labors will not go toward the immediate enrichment of another, and without the fear that he will be constrained from employing his program.

by pkrdk

If I make a darn good movie I own the copyright on it. Nobody can make the same movie, or one that looks a lot like it. I can't however patent 'making a movie'. I can't make 'Saving sergeant Ryan' without getting into trouble. Same goes with novels, I own the copyright of the novel, but I can't patent 'book'.

Worst example I know of is a Danish company trying to patent 'the movement of physical objects by non-physical methods' - e-trade. They failed, I think a US company owns that?

by apotheon

Centuries -- even millenia -- of innovation stand as evidence that the very, very recent assumption of necessary intellectual monopoly for invention is a load of horse manure. Not only do people often innovate for reasons quite divorced from monetary gain, and not only are they often willing to put money into innovation that will not return direct financial profits, but they will also often innovate business models that allow them to profit even without extortionary measures that leverage intellectual property law to squeeze money out of others against their will.

I'm not a huge fan of Intellectual Protectionism, and patents are the very soul of that concept -- not just software patents, but all patents.

by apotheon

The EU fits the strict definition of a confederation -- a form of government consisting of a number of member states that are, in theory, equally represented by a single, relatively weak, overarching authority structure. Typically, confederations are only as strong as the willingness of their member-states to maintain membership and abide by its rules. Confederacy is, however, government, regardless of what protestations of innocence (that is, innocence of single-government status for the European Union) the member states of the EU might offer.

by pkr9

Not to start a political thread, but that's the point where the EU fails. Although most people think it is generally a good idea, at least to create a counterweight to the dominance of the US, they won't give up their country and local sovereignity (adjust for spelling error). Also Europe consists of many very old countries, my country Denmark is at least 1000 years old, and culture in the north and in the south are very different. That's why a lot of effort is used to create a 'european' culture, which is going to fail the way the Soviet failed in creating a 'soviet' culture in the many different countries engulfed by first the Zars and then the communist regime.They had Soviet passports (the few lucky ones) and the rubel, but in their hearts they were Ukrainians, Estonians, Kasakstani, and Russians. There vere very few 'soviets'.

Short example: There are economic rules to be adhered to for countries using the euro. State deficit must be withing certain limits, unemployment and other key values have similar rules. If these are not met, country is up for a fine. France and Germany have for years operated outside these limits without any penalties, just because they are big countries.

The constitution was up for referendum in a number of countries last year. Rule is that if it fails in one country, it fails completely. It failed first in the Netherlands, and should then have been dumped according to the rule. But no, it got another chance in France - 10 times bigger than Netherlands - in the hope that it would succeed there as France is very pro-union, and overrule the Dutch voters. But no, it failed in France too, and the reaction was very like sombody poking around in an anthill with a stick - total panic. After lenghtly talks about continuing the referendums, maybe en-route inventing kind of 'most voters wins' rule, the referendum was cancelled in the UK and Denmark, and the constitution should have been dead by now. But no, now there's talk about creating a 'slim' version, which will not be put up for referendum anywhere. Then the road is paved for gradually implementing the original one piecemeal.

The method used - the software patent law being put on the agenda for a meeting between agricultural ministers - have been used in other cases where unpleasant things needed to be fixed in silence.

Hats off to the Polish minister of agriculture. Microsoft (and IBM and other biggies) won't give him a free vacation.

Interesting subject, another time another place.

by deepsand

take the recipes for all of the most commonly prepared dishes, making sure to include those that are the best sellers for those in the business of producing prepared meals, alter said recipes so as to be materially different, but not so as to alter their textures and/or flavors, patent the new recipes, and have monopoly on cooked foods!

We'd be so stinking rich that we could afford to acquire any other existing patent rights that we chose to, thereby becoming Gods on Earth.

All we need do is follow the path set before us by the idiot that started this sub-thread.

by apotheon

That's not a problem. That's a feature.

I'd be monumentally pleased to see someone have that much regard for what I had to say about an academic subject, and to have it placed into the hands of so many people for educational purposes.

by apotheon

. . . but there are two problems with using intellectual protectionism to get that.

1. I don't like the idea of holding a gun to someone's head (figuratively, but very nearly literally) once they've purchased something from me and telling them what they are and are not allowed to do with their property.

2. I'd probably get increased sales out of some people copying it, rather than decreased. It's free advertising from people who may very well not want the book once it starts costing a bunch of money.

What you've presented is probably the most common false dilemma fallacy in the "intellectual property" debates of the day. People assume, somehow, that the only two options are "This person will buy the book at my price, from me," or "This person will get it for free as a cheap rip-off copy." That's not necessarily (or even often) true, though. There are many other options. Two include "This person might not get it at all," and "This person might get it at a reduced price from someone else, whether it's legal or not."

Then, of course, there are other potential options, like buying used, getting an alternative but equivalent work, and so on. Hell, the person might even [b]specifcally boycott you[/b] because of your behavior in trying to enforce copyright and/or patent privileges for your work, kinda like how I'm boycotting the RIAA. I'm not just boycotting their CDs from retail outlets: I'm also making damned sure that nothing I do advertises their CDs to others, and getting my music from other (legal) sources that don't even indirectly put money in the pockets of the RIAA and its member corporations. How many such people does it take to make your lawsuit campaign counterproductive?

Yeah, it's not nearly as simple a situation as organizations like the RIAA would have you believe. It's not "buy or steal".

by deepsand

Well, given that e-trade still requires the use of particles/waves, does this mean that they claim to have found a [i]meta[/i]-physical method of effecting force at a distance?

by deepsand

As the presentation of a computer program in a form suitable for human understanding renders it unsuitable for its intended use, i.e. a computer cannot execute a printed copy of the program, such is in fact fair use.

As for the reproduction of a physical publication, such as a book, in its entirety, such is not fair use. And, that some abuse fair use is not a flaw of the copyright itself, but that of the abuser. Blame the thief, not that which is stolen.

by deepsand

I did not state that there would be no innovation without patents, but that there would be substantially less than with them.

The problem, as I see it, is that the system has been subverted, with respect to both patents and copyrights, to the point where it bears but a little likeness to the "limited" protection envisioned by our Founders.

Take, for example, Design Patents. Try as I may, I can find no justification for granting protection to the [i]shape[/i] of an object.

by apotheon

The problem with the idea that the "limited protection" envisioned by the Founders has been subverted, and thus we must "fix" the system without abolishing it, is that there is no effective way to limit it. Any limitations are necessarily subjective because patents are not subject to any laws but the laws of man. No physical or natural law in any way bears on the concept of patents. There is no logically sharp division between "patentable" and "unpatentable". Everything in patent law is fuzzy logic and guesswork.

As a result, there is no way to institute such a law that will not be subject to corruption, abuse, and circumvention of its limitations, particularly by concentrations of power. The end result is always that only power concentrations will ever have control of anything, in the long run, and the people who actually innovate -- the individual, whether alone or supported by a small team -- are discouraged from innovation.

The whole business of patent law is counterproductive, according to the supposed aims and goals of it, and it is that way inevitably, not because "something went wrong": something will, inevitably, go wrong, and with a system based on fuzzy reasoning and guesswork, there are no ultimate limits on what something going wrong can eventually cause to happen.

All of this is completely aside from, and in addition to, the simple fact that patent law is not supportable by a logically consistent system of ethics derived from first principles and [b]necessary[/b] practical assumptions.

by deepsand

There is in fact a body of research evidence that empirically demonstrates that patents do in fact perform as originally intended under certain circumstances.

The problem here is that you deem such to be irrelevant, given your own philosophical position.

As that philosophical issue has been well debated elsewhere on TR, with no resolution having been obtained, there seems little point in reviving it here.

by mjd420nova

How can you patent a bunch of ones and zero's?? Somewhere, sometime, someone sat down and programmed those bits with toggle switches and those bits are the beginning of everything. Did they get a patent, or copyright?? Why not?? Because just about anyone could duplicate the very same function. Stack those on top of tons more and you get just that. Stacks. (sorry) Add somemore controls bits and guess what. Who thought of it first??

by jaqui

I do support copyright for software, since with the advent of the transistor it is no longer the on-off of vacum tubes to program.
[ wiring as programming ]

With transistor based electronics we advanced to using human readable words to create the programs with. As such, software is copyrightable and is copywritten as soon as it is complete.
Unless someone actually goes to the cost and effort of registering the copyright, they will lack the legal proof if they do sue for violation.
Most open source software is copyright protected, but with the default only, not with a registered copyright.

The biggest difference between copyright and patent, copyright encourages cometition, patents deny competition.

an example, you write a program to edit xml documents, and patent it. If I write a similar program you can sue me for patent infringement, and I have to prove that in no substantial way is my program including any of your code.

if you only copyright the program, I can write my version and neither of us are out money for legal fees in court. This promotes both of us to make our versions the best we can, to try to get sales from each other's client base.

The above is also an example of how patents stifle innovation.

edited for typo.

by apotheon

You're right about all that.

The upshot is that the EU is (will be) a government, officially when it is approved in some form or other, and unofficially until either that happens or the whole idea is scrapped. It's sort of a pseudo-government now, imposing regulations and sitting in judgment. The fact it sucks at enforcing those regulations much of the time doesn't change the fact that it's operating in the role of a (very very weak) government. After all, look at the successes the US (hasn't) had with the War on Drugs: it's wholly ineffective in enforcing recreational drug laws, and this is a relatively strong government.

The opposite case could be made: that for right now, the EU isn't a government, because it isn't official yet. It kinda goes either way, depending on your definitions and perspective.

Assuming it becomes official, though, it fits the technical definition of a government at that point.

by jaqui

that outside of the US, software patents are still in the political arena, so any discussion about them will have political content.

With the above in mind, since the EU is so weak, what real effect will this recommendation have on member countries in the software patent area?

edited for typo

by apotheon

Very limited, controlled conditions that constitute edge-cases and exceptions are not a very good justification for applying a rule to all conditions and circumstances.

by m2brenesp

having a couple of patents myself, filed under my current employer, I agree that most of it is just common sense software engineering. I did not even agree that these were patentable from a scientific point of view.

However, algorithms, if anyone can define them in a clear legal language (perhaps not possible) should be patentable.

by apotheon

"[i]However, algorithms, if anyone can define them in a clear legal language (perhaps not possible) should be patentable.[/i]"
Okay. Now support your statement. As it stands, I see no reason in what you've said to agree. At minimum, a reason to disagree is that things shouldn't be unnecessarily complicated by the addition of more stuff to track. The KISS principle comes to mind -- and as long as nobody provides any support for your statement, it's just advocacy for unnecessary complexity.

edit: omitted word

by Former member

Software is a work of art and falls really under the laws of copyright.
Just as a cookbook does! Or a painting or a book.
As such no dues to the patent office are needed,nor renewal fees.Validity goes even past the authors lifespan.
There where plagiarism can be proved suing is possible.
This is what I think about it.
willemw

by Former member

Software is a work of art and falls really under the laws of copyright.
Just as a cookbook does! Or a painting or a book.
As such no dues to the patent office are needed,nor renewal fees.Validity goes even past the authors lifespan.
There where plagiarism can be proved suing is possible.
This is what I think about it.
willemw

by staticonthewire

I think WillemW was using the "work of art" definition that is used in copyright law, not comparing his VB routines to the Mona Lisa.

And are you so sure of your own definition of software as an "industrial tool"? When I use Premiere and Photoshop to mod a series of stills from a video and then use Acid to lay tracks on top of it and then publish the subsequent music vid to the web, am I really using "industrial tools"? Isn't there an aesthetic component to what I'm doing?

And what about games? When my son is running around inside World of Warcraft dressed as a troll, is he making use of an industrial tool? But I shudder at the thought of this activity being regarded as aesthetic...

by mryder

Wikipedia is a good help for clarifying the issue in this thread. To ask the right question, the key points are not about legally restricting the reproduction of information (copyright). Instead the key points are about legally protecting a creator's advantaged benefit from having come up with an important new idea (patent). All rectangles are not squares, but all squares are rectangles. All software does not contain or demonstrate the logic of a new idea, but all patented software introduced and/or demonstrated an idea thought to be new by a large number of people who tried to prove it wasn't and didn't prove that.

by staticonthewire

Many here seem to approach the issue of patentability from the point of view of what it might mean in terms of the power flows within our society - who benefits and who gets screwed, i.e., politics. Many think software should not be patentable because it will stifle innovation, or shut important minorities out of power and/or influence, or because it will advantage large corporations. A vocal minority argue that patents can protect innovation and most importantly, provide incentive for innovation by offering profitable use-exclusivity for a period of time.

Everybody is right. All of these things are true, and (as with most things purely political) the devil is in the details, the balancing of the needs and wants of the various groups giving voice.

Well - have fun with that. Afterwards maybe we can all go out together and watch some paint dry...

More interesting to me personally is the widespread acceptance of the "cookbook" analogy. I don't think this is a very good analogy at all. And I think the difficulty I have with this analogy may lie at the heart of the confusion in re patentability/copyrightability.

In a sense a program is like a recipe or a cookbook - an algorithm or set of algorithms that require a separate agency to use or appreciate them. To that degree, the cookbook analogy works. But there's a grey area, and there's more grey all the time.

When was the last time you opened your cookbook, left it on the kitchen counter, and came home eight hours later to find the necessary groceries purchased, the meal prepared and the dinner table set? In a very real sense modern programs (when coupled with the hardware on which they execute) more often resemble this less easily defined scenario, don't they? In this analogy, software is more like a sub-component of a complex machine, and patenting software is no more remarkable than patenting a specific design for a gear train. And that (in the past) has always been okay...

As in so many other cases in the last several decades, software - IT in general - is blurring the boundaries between some of the old-timey categories with which we are all so comfortable - intelligent or not, alive or not, code or data, distinct object or written work, free as air or creator-owned...

What is software? The readable text version? The executable binaries? If the binaries were compiled to run on a machine architecture that no longer exists, is it still software? What happens when software becomes an order of magnitude more complex, and starts having opinions about itself - how do you classify it then?

by jaqui

the patent is issued on the human readable source code, not the machine executable binary, so software patents are patents on written words.

by apotheon

Software patents are patents on algorithms, "look and feel", and descriptions of an approach to a problem. They're not patents on the actual source code (recipes) or machine code (food). Source code and, conceivably, machine code can only be subject to copyright, as the law currently stands.

Of course, you're still right: the cookbook analogy is at odds with the way the law treats patentability. The reason for this is that cookbooks contain the equivalent of source code, not of algorithms. An algorithm is more like a general concept for a dish, not the explanation of how that dish is made with given ingredients and tools.

Of course, while "Peking duck" is by analogy the name of an algorithm and its recipe is by analogy the source code that implements that algorithm, I still think most people not in the food business would find the idea of patenting something like "Peking duck" to be utterly absurd. Even now, with a repaired analogy that actually works, we find ourselves facing the problem that patentability seems stupid by analogy. Unfortunately, if you provided a lucid description of a "novel" way to prepare food so that a given new dish with a unique "look and feel" (or in this case possibly a unique appearance and flavor) is invented, you could probably get it patented. Yes, really.

The end result: by analogy, we discover that the patent system, and even the very concept on which it is predicated, is thoroughly broken.

by ___._

So if you can?t patient a method or algorithm then I guess the next trick would be to encrypt the code in such a manner that it can?t be reverse engineered. That and burn the source?

by jaqui

okay 1+1=2, the foundation of all algorithms.
patent it and all calculators, software gps, cd players..all electronics are violating your patent.

an algorithm is a mathemeatical equation, and as such cannot be patented.

by ___._

I can see your point but it could be the use of the algorithm (for purpose X) that is the paitent. Not the actual algorithm.

Car designs can be paitents but just made from metal, plastic,...

A Logo can be a trademark but is just lines, text and colour.

by staticonthewire

does it. More like copyright in that case.

Still - you see why I have difficulty with the cookbook analogy? My cookbooks never decide when the steak is done - but my market-watch program is very vociferous when it wants me to buy or sell... with certain options set it will even act without further supervision.

Software is definitely more than a cookbook, even if - for purposes of patentability - it is regarded so...

by jaqui

is on the part that is exactly like a cookbook, they don't patent the executable, only the source.

since patents on written words are illegal under the patent laws, the cookbokk analogy is a perfect fit for why software patents should not be issued.

by gsquared

There's a vast difference between a cookbook and a program.

Your kitchen can still be put to full and effective use without a cookbook. It is possible to prepare nutritious, tasty food without one. I do it almost every night.

Your computer is just an ornament, and not a very pretty one, without software.

To me, comparing the two seems spurious, because of that difference. There are better doorstops and paperweights available for a lot lower price.

Personally, I think patent law isn't currently the right way to protect the work that is put into software. At least, in its current incarnation, patent law seems like the wrong tool for the job. It's been abused too often and I don't see a clean way to stop that.

For one thing, the durations on patents are patently absurd (sorry, that pun was intentional but I'll appologize for it anyway) in an industry where the software rarely, if ever, is still the same for longer than a year.

Also, the idea of patenting software processes seems like a generally bad idea.

I'm not sure exactly what should replace software patents, but there needs to be some protection in place to allow people to reap the rewards of hard work. Patents, in their current incarnation, just aren't it.

But I still maintain that comparing software to cookbooks is wrong.

by staticonthewire

in the message list - Jaqui and I were just discussing the "cookbook" analogy. I made some objections similar to your own, and Jaqui's reply appears to be that the "cookbook" analogy is specific to the "patentable" component of a program - i.e., the source code only. He isn't trying to maintain that software is like a cookbook, except in the context of source code and patents.

Even then I still have trouble with the analogy (If I drop the 10+ million lines of source on a desk at the patent office, the comparison to a cookbook seems to break down a bit) but it's easier to understand why he would use the analogy, given the limits he's imposing.

by ppcgm

Software is not even similar, much less identical to a cookbook. A programming textbook might be similar. But a piece of software code, is a specific creation and should be respected as an author's work and at least subject to copyright.

This assumes that the code is original and not some cobbled up piece of "object oriented software" that is more likely to be a collection of code snippets written by as many authors over time and released into the public domain.

But actual software has more in common with a manufactured item of hardgoods than with an instruction manual on how to make something.

by staticonthewire

Jaqui's cookbook analogy refers to the PATENTABLE portion of a software application - the SOURCE. Nothing more.

And that's where the problem lies. Software DOES things. It doesn't just lie there, it DOES things. In that respect, it's much more like a chunk of hardware, a sub-component of a complex piece of machinery. BUT the patent laws don't consider that at all. Our legal forelegs are moving at a 19th century speed, while our technological hindquarters are way out in front... usual human condition...

by apotheon

You (along with perhaps everyone else here) are conflating source code with software. Source code is not software: software is what happens when you compile or interpret source code and execute what you've compiled or interpreted.

Software does things. Source code just sits there. Your "cook" might be gcc or the Sun JVM, but the source code is still just a "recipe" -- a set of instructions -- to be carried out by some agent before it can "do" anything.

by lexva

Software should not be patentable, any more than a rocket is. A unique method, such as a genuinely new algorithm, should be patentable, in the same way that the technology used to build a rocket is. It's the idea that is subject to patent, not the expression of the idea.

by 101a

As the Eolas v Microsoft case showed, in which Microsoft were ordered to pay half a billion dollars in damages and forced to make changes to IE rather than pay a license fee for something they give away, the smaller organisation, if holding a patent like ?mechanisms for embedding objects within distributed hypermedia documents .. etc.? see: http://www.w3.org/2003/09/public-faq can even have an impact on the global development community (To get an idea of the impact see ?The IE Changes Explained?
http://www.dnzone.com/showdetail.asp?NewsId=508

I think whether it?s menacing cartels, or small opportunists with software patents, they are both bad for software and its future.

Software is not analogous to anything. Software ideas and concepts are just something that will help a really good bit of software get to market first and be the ?original and best? and ?tried and trusted?. It is traditional in the history of software that competition emerges that tries to either better an idea or reproduce it. That?s what has been so healthy about the software revolution. It?s fertile, competitive, and just as much an opportunity for everyone. It?s naturally that kind of industry, and not for instance, like Pharmaceuticals or Manufacturing where the need to protect investment is obvious.

Imagine hearing: Hey! - that?s my idea you?re using there, and I can prove it, you owe me. When you?d obviously had the stupid idea too. Stupid idea to develop a bit of software that is!

by lexva

Patents help investors and inventors. They help consumers by creating an economic framework that promotes the developers of new technology. Furthermore, they help the next generation of technology come into being by making the ideas public, so that companies don't have to use layers of security to protect proprietary information.

Creating new technologies is work, people benefit from the creation of new technologies, and the people who create new technologies should be encouraged and rewarded. There is nothing about software that makes it less worthy of protection than other technologies.

by 101a

Perhaps I'm missing the point, and if I was I would like to understand it.

Is their any example of:

Any software technology breakthrough that came about because of the protection on investement given by patent?

Any technology that the consumer lost out on because of the lack of patent protection?

I guess if Xerox could have patented the GUI we wouldn't have had the Mac, and if Mac had managed to thwart Windows then we wouldn't have that.

But we'd have some very intuitive photocopiers!

by staticonthewire

In one of my earlier posts (you replied to it, I think) I made clear that my difficulty (and perhaps the difficulty lots of people have with patent and copyright relative to software) resulted from software's failure to fit into standard categories and behaviors.

This was the post where I was objecting to the "cookbook" analogy ("We don't need no steenking cookbooks"). But Jaqui subsequently replied and said that his cookbook analogy was specific to the patentable portion of a piece of software - the source code.

I assumed he would know how the patent business worked, since he started the thread. You now seem to be telling me this isn't so at all - in which case, I return to my original post's arguments.

Which seem more or less identical to your own. I even used the same words: Software DOES things...
as a consequence, software doesn't fit the (at best) 19th century approach of the PTO...

by apotheon

The term "software patent" doesn't refer specifically to patents on software, or patents on source code, but patents on things that relate to software. The expression of patentable concepts relating to software is, generally speaking, the source code (thus the suggestion that it's the source code that is being patented), though in truth that's a little like saying a blueprint is patented when in fact it's the supposedly innovative structural design concepts that are patented. The blueprint is just an expression of that, and the finished building, bridge, or whatever, is the implementation of it.

So, technically, it's neither the software nor the source code that is patentable according to classic definitions of what can be patented, but something more conceptual and ephemeral.

Things get really absurd with "look and feel" patents, of course, which don't fit classical definitions of what's patentable at all, unless you happen to be on drugs at the time. This says something, I think, about the laywers and judges who have been instrumental in getting such patents upheld, and the people at the USPTO who signed on the dotted line in the first place.

by staticonthewire

From what you say, it sounds like the PTO people are perhaps trying to fit software into the existing category of the "process patent" - the sort of patent that describes a unique and proprietary physial process; for example, the organization and assembly of elements on a motherboard; in cases like these the patent pertains not to the elements themselves but the "support structure" that manipulates those elements and the sequence of manipulations.

But I think software will escape out of this box as well, without any effort at all.

I don't think copyright is appropriate for software either, now that this discussion has gotten me thinking about the issue.

Which leaves me with no good answers at all. So what WOULD work? The PTO is clearly broken - what would work?

How can we protect innovation and offer incentives to pioneers and long term investment protections to corporate participants and freedom to developers to use best of breed and best practice?

What system could we put into place that could offer the things we all need? Maybe some sort of NGO with a real grip on the issues would be able to mediate some of these conflicts and use economic enforcement for a stick...

by absolutely

That does not make the tool itself into art. Premiere and Photoshop are not art anymore than a paintbrush or a chisel are art. All are tools, which can be used to create art, but are most often used to create trash.

by staticonthewire

Your comments (and your TR profile) make me wonder.

I see what you mean, but still, I'd never regard "world of warcraft" as a tool except in the broadest sense of the word, and I most definitely regard Photoshop as a work of art, in the broad sense of THAT word - best of breed in many ways, a pleasure to use.

I regard some of my forty year old red sable brushes as works of art too, even though they're "mere tools", and my Martin guitar, which was born the same year I was, is also a work of art and a tool. And the hammer set I inherited from my father, and from his father, and his father... so beautiful...

So tools can be art - some even would argue that the best art is ALWAYS functional, and the best tools are always art - and Willemw has a point - a lot of software is developed by intuition and under the guidance of some muse, and it still comes out okay. And you can even use these ART programs to create industrial tools...

You have a point too - a tool is a tool is a tool, a rose is a rose.

... but still - that scent...

Of course his point was art as it relates to copyright and patent, so this is all aside the point, perhaps. But maybe not - a lot of the discussion here seems to be flailing because software is so hard to define. Without a working definition, how can we expect there to be clarity in copyrights and trademarks and patents?

by absolutely

"But maybe not - a lot of the discussion here seems to be flailing because software is so hard to define. Without a working definition, how can we expect there to be clarity in copyrights and trademarks and patents?"

Smearing the definitions of tool and art to overlap until they're indistinguishable does not help provide the needed clarity. While deconstructionism and the like may be popular "analytical" paradigms in art and the lesser social science classes, in law and industry it is necessary to have clear & precise definitions.

So, what is the [i]primary[/i] purpose of a thing?

the rose: like every biological entity, its purpose is to propagate its species

the hammer: to pound, especially nails

the program: to provide an interface for users to more conveniently send instructions to the central processor that will enable or enhance a particular group of computational tasks.

The computer, and the software installed on it, are all [i]primarily[/i] tools.

by apotheon

"[i]How can we protect innovation and offer incentives to pioneers and long term investment protections to corporate participants and freedom to developers to use best of breed and best practice?[/i]"
That's a common misconception. The truth is that we simply can't do all of that. The problem is that everyone thinks intellectual protectionism somehow encourages innovation, but the fact of the matter is that it does the opposite: it discourages innovation.

Innovators are hampered when they want to build upon the developments of others by intellectual protectionism. Even those who innovated in the first place are inclined to stop once they've come up with something others want to use, because they can just rest on their laurels collecting royalties and/or licensing fees for years afterward, and do the bare minimum to keep the money rolling in without ever producing something else new.

Patent and copyright law tends to convey a sense that once you've created something new, you're "done". That's it: it's over, you've accomplished what you set out to do. Now you can reap your rewards. Instead, if natural market forces were allowed to prevail, people would continuously innovate, and a good business model would have to substitute for the overbearing force of government as a means of enticing, rather than coercing, revenue.

by staticonthewire

"How can we protect innovation and offer incentives to pioneers and long term investment protections to corporate participants and freedom to developers to use best of breed and best practice?

"What system could we put into place that could offer the things we all need? Maybe some sort of NGO with a real grip on the issues would be able to mediate some of these conflicts and use economic enforcement for a stick..."

Apotheon: "We can't."

Damn this "maximum message depth has been reached" thing, I'm replying to Apotheon's "We can't" message.

Which was a reply to my "Obviously it's broke, how do we fix it" message.

Maybe I'm old-fashioned, but I have trouble believing that this is completely hopeless and we have to abandon all attempts at balance in favor of some sort of free-for-all. Not that I don't enjoy free-for-alls...

Apotheon, I think it is arguable that in the early days of the patent system it worked very well both encouraging innovation and protecting innovators from rapacious cheapskate copycats. The system no longer works as it was intended to work (I think largely because protections have become too broad and long lasting, but also because the meaning of 'invention' has blurred).

But the point is, the system is broke. I think a patent system, if properly designed can:

1) Encourage creative exploration of a technological space;

2) Offer temporary protection for those who have taken risks in order to innovate;

3) Offer longer term non-exclusive rights to those who take the risk of investing in innovation, and;

4) Offer support services to new innovators who wish to expand on the utility of existing art, without artificial legal roadblocks.

These are all perfectly reasonable goals, and seem to address most of the concerns of the various sides in the debate. OF course the devil will be in the details, but I think (if a nation wishes to encourage innovation) then something like the above could be made to work.

You are on record as believing this to be impossible. Do you have something more workable to suggest? Or do you feel that the USA should simply stop trying to encourage invention and experimentation? Or is there something else going on in that well-educated noggin of yours?

by apotheon

"[i]Maybe I'm old-fashioned, but I have trouble believing that this is completely hopeless and we have to abandon all attempts at balance in favor of some sort of free-for-all. Not that I don't enjoy free-for-alls...[/i]"
It's not about free-for-alls. It's about free markets. One of the strengths of a free market economy is that it's self-correcting. You want balance? Let economic laws do their work, and stop trying to interfere with authoritarian power trips.

"[i]I think it is arguable that in the early days of the patent system it worked very well both encouraging innovation and protecting innovators from rapacious cheapskate copycats.[/i]"
It worked sometimes, for some people. It didn't work so well for others. Thomas Edison stole ideas from people like Nikola Tesla, patenting them out from under their inventors, regularly. The "early days" of the patent system were only any better than modern days in that corrupt, incestuously interdependent governmental and business interests hadn't had time to perfect the art of manipulating a system of arbitrary distinctions and fuzzy definitions to ensure economic monopolies.

"[i]Do you have something more workable to suggest?[/i]"
Yeah. Free markets. That means removing governmental interference that attempts to control and restrict the free exchange of ideas.

"[i]Or do you feel that the USA should simply stop trying to encourage invention and experimentation?[/i]"
No, I think the USA should stop [b]trying and failing[/b] to encourage invention and experimentation. Instead, it should simply [b]allow it[/b]. All these attempts to encourage are counterproductive, and are an attempt to "fix what ain't broke".

"[i]Or is there something else going on in that well-educated noggin of yours?[/i]"
I'll take that as a compliment. Thanks.

by staticonthewire

So let's see if I understand you - the PTO is broken FUNDAMENTALLY - it cannot be fixed, it cannot be repaired, the good it has undoubtedly done in the past is submerged in the overwheleming harm it does now. Yes?

By way of solution you propose an open-ended period of unprotected free-market anarchy in which market forces will drive innovation, balance and harmony will be achieved and everyone goes away happier and wiser and freer.

That sound really good. Very similar to the earlier writings of Lenin, before he got hold of Russia. I think his experience in actually running a revolution of this scale would make really good reading, but in short, it didn't work.

Special interests groups never gave his free market a chance to innovate and their whole economic system collapsed. It got ugly, and that's when the Soviet collectives took over at gunpoint and started "leading" the revolution...

But enough hisoory.

I think our own special interests, invested to the tune of many tens of billions of dollars, will completely overwhelm a free market. Practicality: You will never get the USA to abandon its long and spotty tradition of meddling in market access and protection, which is what the PTO really does. You will never get the interest groups with a stake in the system to opt out in favor of nothing at all. (It's important, BTW, to acknowledge the legitimacy of these groups' claims even when we despise them - they do have significant investment and clout, and would be better if they're with us than agin' us)

What we migth be able to manage is some sort of working group - something that really could think creatively about these issues and balance the needs of various interest groups until we have something that a large majority of people can accept.

Certainly innovative new ideas in this area aren't going to come from the old guard, they'll come from the cagier members of the new guard. From the sorts that hang out at TR, for example.

So what could we do? What would you do, given the project of balancing these interest groups and finding a solution that would let them ALL thrive, and not at one another's expense?

Surely this isn't out of our intellectual reach. The problem is that it IS out of the intellectual reach of those tasked with achieving it.

Why don't we give them some help?

by apotheon

"[i]Very similar to the earlier writings of Lenin, before he got hold of Russia.[/i]"
Let's see . . . free-market capitalism vs. state socialism. Yeah, I can see how you made the connection.

Do you have any other asinine, patently absurd, wholly inapplicable comparisons to make, or are you done with the spurious nonsense? "Oh, the patent system, which restricts people from building on others' inventions unless they pay exhorbitant bribes or otherwise ingratiate themselves with consolidated power centers, encourages innovation and leads to a golden age of advancement and opportunity? That sounds amazingly like what Pol Pot said before he murdered millions in the name of agrarian socioeconomic reform." See? Doesn't your technique work beautifully? Shall we invoke Godwin's Law next?

Lenin was never in any way associated with free market economics except via ironic parody. There's no damned point in continuing a "dialog" with this kind of ludicrous BS spewing from your orifices. Seriously, guy. You're either a liar or a moron.

by staticonthewire

Which many do, his earlier essays and broadsides are to what I was referring. He was, in his teens, a very angry young fella, convinced of the sickness of his society and frustrated at being able to do nothing about it. In a long series of savage essays he dissected the Gilded Age version of Capitalism (that of the 1880s and 1890s) and Monarchism and got even angrier, and said - as do you - that this damned thing can't be saved short of revolution.

His early work was not about state scocialism, per se. It was focused on understanding the beast - not just the russian beast, but the capitalist/monarchist beast (they weren't as inclined to separate the two back in the day). And we all know that at certain times, in certain places, it is a BEAST. I have a lot of sympahty for the early Lenin.

Lenin WAS deeply involved in free market politics as a way of opposing the entrenched Russian regime. His twist was that powerless individuals band together in production related groups to have more bargaining power - communes was the shorthand he used. They were called unions over here.

THAT is the Lenin with whom I was comparing you, and I think it appropriate and to the point.

I also think it's flattering.

It wasn't meant in the least as a personal attack; I think if you'd known him then, you woud have liked him. Or at least sympathized with him. He was a brave and angry young man who in the end didn't turn out too well.

If you took the comparison as a personal attack I apologize - it wasn't meant so. But now that's cleared up, perhaps you'd care to make a suggestion?

I agree with you that the patent system has to go - or at least, that it can't be sensibly applied to software. Perhaps this is more of the "spurious nonsense"?

There are four groups I've identified as having a legitimate place at the patent table - pioneers, discoverers, financiers of discoverers, users of discoveries. We need to design a human system that will respect the needs of these four groups and achieve the following:

1) Encourage creative exploration of a technological space;

2) Offer temporary protection for those who have taken risks in order to innovate;

3) Offer longer term non-exclusive rights to those who take the risk of investing in innovation, and;

4) Offer support services to new innovators who wish to expand on the utility of existing art, without artificial legal roadblocks.

So how do we balance their needs and bring a workable compromise out of the mess that is now known as the PTO?

Perhaps in this way we can dispense with the semi-coherent fulminations about Pol Pot?

by absolutely

"I think if you'd known him then, you woud have liked him. Or at least sympathized with him. He was a brave and angry young man who in the end didn't turn out too well."

Lenin's murder of tens of millions of innocents is inconsistent with any moral "ideal". If he expressed ideas with which you sympathize, then did not practice them when he had the power to make the changes for which he claimed to yearn, either (1) he was a hypocrite from the start OR (2) he succumbed to emotion, either as a youth (with qualities you admire) or as a dictator (with qualities you do not admire, thankfully) rather than acting on ideals he chose [i]intellectually[/i], not emotionally. That is the most difficult thing in the world. Apotheon is not like Lenin, young or old.

by staticonthewire

Everything is primarily a tool when looked at from the "functional" point of view. Roses are tools for making seeds, hammers apply directional force, etc.

What is the "function" of the Mona Lisa?

... of Neko Case's latest music video?

Perhaps the merciless necessity of "clear and precise" definition is a failing of law and industry, rather than a standard to which we should hold ourselves. Maybe that precision IS EXACTLY THE PROBLEM.

Science doesn't require precision except in testing, and it's of two minds even about that. Precision might possibly be a symptom of disease, or at least of malaise, of our legal system.

Who are you to say that the rose's ability to propagate is more important than it's ability to please me some summer night? And why should a rose be judged based exclusively on one function rather than the other?

Photoshop is a tool. It is also a work of art, it also creates works of art. I don't see why you have to take this wonderful fuzzy thing and reduce the complexity of it, reduce the truth of it, just because somewhere, at some time, there are minds too small to understand it in all its glory.

It is MANY things. Most software is MANY things, and the making of same can be approached in many ways. To some programmers, it's a craft, to others an art, to others, some sort of lab experiment. But it's all software.

We got off on this tangent because we were trying to determine what software WAS, in order to determine how it should be dealt with, culturally.

I'm inclined, after hearing what many have had to say, to take Apotheon's tack for the most part - lift software out of the arena of legislation entirely, at least for a period of time, and see what happens. Maybe we'll have to change tack later, but a period of chaos and anarchy might prove very fruitful.

by jaqui

"to provide an interface for users to more convieniently send instructions to the central processor" is the definition of the USER INTERFACE

the program is the actual work accomplished, such as finding the website and displaying the contents to the screen.

by staticonthewire

Lenin was not responsible for millions of deaths. He was a Marxist theoretician and activist who died shortly after the Russian Revolution began. Perhaps he would have been a cast-iron son-of-a-bitch, but he never got the chance. He was a theoretician primarily.

I was comparing Apotheon (for whom I have a fair amount of respect) to Lenin (and I'm saying this again - doesn't anyone read my posts?) on the basis of his idealism, his 'damn the torpedoes" atttitude toward the failure of the patent system.

Which again (gosh, no one reads my posts) I am in substantial agreement with. Get it? I think Apotheon is pretty much right about all this. The system is broke, the system can't be fixed.

I was simply trying to move on past the ranting, the reiterated cries of "it's fucked up" to a more interesting possibility - that we could design something workable.

We're all professionals here - many of us are tops in our fields, but all of us are very good at what we do. I honestly think we could come up with a human system that took all the interests of all the parties into consideration and designed something that would make everyone happy.

What do you think? I promise never to compare Apotheon to Lenin (even though he was a very astute and interesting man - made even MARX sound coherent) and you all give me your thoughts on this work of art - oops - industrial tool - that I'm trying to define...

by apotheon

There's something the USPTO, Lenin, and Stalin all had in common: an authoritarian assumption of governance. They all believe (in the case of the USPTO, "believe" in a very abstracted sense) that government is properly employed by the task of controlling things -- of, in effect, controlling people and their behavior. They have all been fundamentally focused on the task of proactively interfering with the lives and personal decisions of others.

That right there is strictly antithetical to me and my beliefs. About the only similarities between Lenin and me, in terms of core beliefs, are:

1. We both could probably be considered less actively destructive than Stalin (in his case not as much different as me, and probably only because he wanted people like Stalin to do the unpleasant work of exercising authority directly so he didn't have to).

2. We both could probably be described as having strong convictions.

Pretty much anything else is a study in contrasts.

For that matter, the USPTO also fits number one, and likely the only reason it doesn't fit number two is the fact that it's an organization, rather than an individual, and thus fundamentally incapable of having convictions at all.

That all aside, however, I'll take your comparison in the spirit it was apparently intended: someone with strong convictions who sees potential for fixing a broken system, unfortunately via a probably necessary serious shake-up of the status quo. That definitely describes me.

by absolutely

pure esthetic enjoyment.

I happen to agree in the final analysis that leaving all invention to the inventors' ability to protect trade secrets using NDAs & laws to protect their [i]physical[/i] property without special rights for intellectual property would be very interesting, and probably much better for society. Apotheon has a very interesting article about this topic on a page of his own, FYI.

We aren't going to agree on the usefulness of precision in general, especially in law, science, and industry, and that's fine with me.

by absolutely

I'd have to know which is which, and I don't. I vaguely recall from elementary school that they were both Soviet twits. Once I know a person doesn't respect my right to what I earn, additional details don't interest me.

by absolutely

an additional layer of code then, to enable processing of bits such that the processor helps the user achieve a goal. See, static, how important precision is?

by absolutely

Suppose a new algorithm makes identity theft 99.9% more difficult. Should this algorithm (a) be protected by patent (b) be copied to all competitors, as Volvo did with the airbag, on the premise that safety is more important than market share (c) be available to anybody smart enough to reverse engineer it, meaning, hopefully, those competitors smart enough to integrate it into a truly useful way to their operating systems?

The more I think about this, the more I agree with apotheon's position that patents are wrong. My reasoning is that being first to market with a novel invention is an advantage in itself, and that removal of patent protection only takes away from inventors an option that is unnatural and inconsistent with the human condition: the option to rest on one's laurels.

by apotheon

I suspect Absolutely refers to this when he mentions a "very interesting article" on this subject "on a page of [my] own", since it's the one I'm sure he's read:
http://sob.apotheon.org/?p=17

I, however, find this essay of mine to be more interesting (and better written):
http://sob.apotheon.org/?p=34

In both cases, the discussion in comments that follows the essay is well worth the read if you found the essay itself interesting. There are some reasonably erudite points made by everyone involved, with the possible exception of discussions of producing superkids to rule the world.

by staticonthewire

Precision is wonderful up to and including the point where you know what you're talking about. After that, you're just as likely to shoot yourself in the foot as hit what you're aiming at. I brought up the trap of precision when Abs was insisting that software WAS this, as opposed to anything else, and then using an artificially narrow definition of what software WAS as a fulcrum for his point of view relating to how software should be managed.

Putting to one side for the moment the growing consensus here that software shouldn't be managed AT ALL, consider what this "precision" in definition has done, or has the potential to do: By limiting the definition of software to "industrial tool" we artificially twist our perceptions of existing software and warp our point of view when it comes to new and interesting programs we might write.

I'm a big fan of precision where it belongs. One of my hobbies is instrument building, and I'm a very close carpenter. But even in that realm, there comes a time when you have to abandon precision to what the eye and the ear can tell you without instruments.

That is what I was trying to say. It's still important to me. Too often I chat with people who worship the ruler and don't look closely enough at what is being measured. To their detriment and mine.

I suppose there are still people who, having read the previous dozen or so posts, still limit the definition of software to "industrial tool", or deny that an element of artistry sometimes goes into its composition?

BTW, read Apotheon's links and the following discussions. Why, you old Libertarian you .

Gotta tell you though - some rap (and definitely some hip-hop) is GOOD music (and this comes from someone old enough to vote the day he heard Hendrix died).

by staticonthewire

In order to confuse Lenin with Stalin I'd have to know which is which, and I don't. I vaguely recall from elementary school that they were both Soviet twits. Once I know a person doesn't respect my right to what I earn, additional details don't interest me.

I've heard that

"Those who count their ignorance with bliss soon find themselves with an embarrassment of riches..."

and of course, there's the always popular

"Those who fail to remember their history are doomed to repeat it..."

Apotheon, thank you for taking my comments re Lenin in the spirit with which they were meant. (I know Americans have a terrible prejudice in this regard but you really should take a look at his material. He was the inspiration for many of the finest revolutionaries of the twencen, including Che and Mao, and would truly repay study - especially for a dyed-in-the-wool Libertarian...)

(especially in our world, so desperately in need of revolutionaries...)

I think something like a loose consensus has been reached on this topic, don't you?

by apotheon

Libertarian? Me? Perish the thought.

If you follow enough links on that website, you'll eventually arrive at the page where it mentions I'm the volunteer webmaster for the local Libertarian Party.

by apotheon

I'm not wholly without knowledge of Lenin. I'm also familiar with Che Guevara and Mao Tse-Tung. Che Guevara is actually a pretty good comparison with Lenin: each of them concocted great ideas for how to kill and imprison and torture people into accepting their respective leftist ideologies, then handed those ideas and plans over to other people for refinement and execution.

by staticonthewire

I admit I didn't take the site that far - just read the linked articles and the associated comments, but it was a breath of fresh air. All the signs were there... the shifty eyes, the thorough acquaintance with history, the syncretistic tone...

... how do you sleep at night, boy? Teaching people to be responsible for themselves, and other social heresies?

by staticonthewire

and started acting out.

Or maybe they accepted death as a "tool of statecraft" - isn't that the currently popular euphemism amongst our current crop of - chm - elected representatives?

They were both idealists - maybe that's how they got into so much trouble...