Linked by Thom Holwerda on Thu 5th Jul 2012 23:07 UTC
Legal Since I want to get this out of my system: here's a set of proposals to fix (okay, replace) the current failing patent system. No lengthy diatribe or introduction, just a raw list.
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Comment by yokem55
by yokem55 on Thu 5th Jul 2012 23:29 UTC
yokem55
Member since:
2005-07-06

Do you have a working legal definition of a "software" patent? What exists in the US are process/method patents implemented using a computer. Some of those methods could be implemented in hardware and hardware functions can be translated and implemented in software. Where do you draw the line and what working legal definition do you use? I know it when I see it?

I hate the patent mess as much as anyone, but reform is a sticker problem than some hand waving can accomplish.

Reply Score: 2

RE: Comment by yokem55
by christian on Fri 6th Jul 2012 11:03 in reply to "Comment by yokem55"
christian Member since:
2005-07-06

Do you have a working legal definition of a "software" patent? What exists in the US are process/method patents implemented using a computer. Some of those methods could be implemented in hardware and hardware functions can be translated and implemented in software. Where do you draw the line and what working legal definition do you use? I know it when I see it?


Well, that's easy. When someone claims said patent is infringed, and you've done the "infringing" in software, then by definition you don't infringe.

I'd say anything that is an algorithm, whether implementable by hardware or not, is implementable using software on a general purpose computer, and hence a software patent.

Reply Parent Score: 1

RE: Comment by yokem55
by amadensor on Fri 6th Jul 2012 15:19 in reply to "Comment by yokem55"
amadensor Member since:
2006-04-10

Let's pretend that I find a way to compress video to 1/10 the output size of any other codec, while retaining all existing quality. This is a novel and useful invention, but if there is no software patent, then I cannot protect my methodologies. While I agree that most software patents are bad, there needs to be a way to protect a novel algorithm. Although the math itself cannot be protected, there needs to be a method to protect novel means of deriving a solution.

Reply Parent Score: 2

RE[2]: Comment by yokem55
by viton on Fri 6th Jul 2012 18:18 in reply to "RE: Comment by yokem55"
viton Member since:
2005-08-09

then I cannot protect my methodologies
And why should you do it?

Just write the codecs/apps and sell it.

Do not disclose "methodologies" if you fear clones.
If it so trivial that even children could reimplement it,
then your methodologies worth nothing.

Edited 2012-07-06 18:19 UTC

Reply Parent Score: 1

Bill Shooter of Bul Member since:
2006-07-14

Although the math itself cannot be protected, there needs to be a method to protect novel means of deriving a solution.


No, that's still math. The other problem with your example is that it highlights an existing problem with software patents. In order for your video compression to be usefull, you have to have other people implement it. It has to be a standard. Currently the common way to get a codec standardised but also still make money for the inventors is through MPLA. You offer to provide it under FRAND terms. But everyone else and their dog want to attach their patents in with yours to make money off of their inventions too. So now you have 100's of patents in a single codec. Furthermore, it probably infringes on some one else's patent too. So anyone using your codec paying licence fees and everything is likely to be sued by a patent troll.

What's the solution? I don't know. Its tough, and I'm pretty afraid that what we have now might actually be the best case scenario for consumers. Technology is marching on and the patent lawsuits are starting to become just a price of doing business factored into the prices we pay. But then again, the prices we pay aren't that bad, considering everything its capable of.

Reply Parent Score: 3