Linked by Thom Holwerda on Tue 31st May 2011 22:20 UTC, submitted by john
Legal Well, I have to say this: Lodsys got some balls. After Apple threatening them with legal action, Lodsys has gone on the offensive, and has proceeded to sue third party iOS application developers. While Lodsys had first given developers 21 days to negotiate an agreement, due to Apple's legal threats, the company has now moved its litigation timing to an earlier date.
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RE[6]: For or against
by WorknMan on Wed 1st Jun 2011 16:53 UTC in reply to "RE[5]: For or against"
WorknMan
Member since:
2005-11-13

What do you do if after all that time and effort spent on working on your algorithm you release your program and then the next day you get a call from lawyer who tells you to cease distributing it because you're infringing on someone's patent?

THAT is the problem here: even if you create something all the way from the bottom all yourself, with absolutely no one else's help or any documentation, someone can still come to you saying that what you did is wrong and you need to pay them!


The flaw in your logic is that you are talking about the patent system as it exists now, and not in the context in which I am speaking, where patents exist, but cover much more specific things. For example, let's say somebody wanted to invent a new type of compression format, and this guy has been living under a rock and has never heard of .zip files.

So once he finished building his compression algorithm and built it into a file format, what would you say the odds are that his format would be 100% compatible with zip files? THAT is what I am talking about, being able to patent formats, codecs, APIs, etc that are VERY SPECIFIC, not overly generic like somebody being able to patent the concept of compressing a file. In other words, the only way you would be able to patent something in software is if it would be damn-near impossible for somebody else to come along and do what you did on accident.

Well, an exception might be made if you were the VERY first one to ever come up with a thing, like if you were the first person to ever build a file compression scheme and the tech world truly has a 'holy shit!' moment when you release your thing, then maybe you get a monopoly on that for a year or two, and a patent on whatever specific format you came up with that lasts for five or ten years. In other words, after a period of time, the world gets to copy your idea, but not your specific format.

Note: I'm not suggesting that the world needs any more compression formats; just using it as an example, since it's the first thing that came to mind ;)

Reply Parent Score: 2

RE[7]: For or against
by _txf_ on Wed 1st Jun 2011 17:52 in reply to "RE[6]: For or against"
_txf_ Member since:
2008-03-17

So once he finished building his compression algorithm and built it into a file format, what would you say the odds are that his format would be 100% compatible with zip files? THAT is what I am talking about, being able to patent formats, codecs, APIs, etc that are VERY SPECIFIC


Then doesn't copyright apply here? The final data structure would have to be exactly the same, meaning that it would be an exact copy of the original work...

Reply Parent Score: 2

RE[8]: For or against
by WorknMan on Wed 1st Jun 2011 23:19 in reply to "RE[7]: For or against"
WorknMan Member since:
2005-11-13


Then doesn't copyright apply here? The final data structure would have to be exactly the same, meaning that it would be an exact copy of the original work...


No, I don't think so. As somebody else said, you can copyright the source code of the program that supports the file format, and the source code of the file format itself. But if somebody could reverse engineer the file format without looking at the code, then without patents, he is free to implement it in any way he so chooses.

Whether this is a good or bad thing is another discussion, but this is one area that copyright doesn't really cover.

Reply Parent Score: 2

RE[7]: For or against
by Alfman on Wed 1st Jun 2011 23:31 in reply to "RE[6]: For or against"
Alfman Member since:
2011-01-28

WorknMan,

"So once he finished building his compression algorithm and built it into a file format, what would you say the odds are that his format would be 100% compatible with zip files? THAT is what I am talking about..."

A competing technology infringes whether it's 100% compatible with zip files or not. Since the patents have expired, many different compression formats do share the same algorithm and are 0% compatible since they're separate implementations. It is algorithms which are patented, not the file format.

The fundamental flaw with arguments like yours is the assumption that independent work is always unique. If that's your view, then you need a better understanding of how the principals of mathematics will lead separate developers to the same conclusions.

Given the same problem, how many unique algorithms will 2 developers come up with? 10 Developers? 100 developers? 10000 developers?

Your going to find that developers think alike because they derived the same math as everyone else.

Go read about the "birthday problem", which is a similar problem.

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

Reply Parent Score: 2