Linked by Thom Holwerda on Fri 24th Aug 2012 23:54 UTC
Legal And just like that, within a matter of days, the jury has reached a verdict in Apple vs. Samsung. The basic gist is simple: Apple's software patents are valid, and many Samsung devices infringe upon them. Apple's iPhone 3G trade dress is valid, and Samsung's Galaxy S line infringes, but other devices did not. Samsung did not infringe Apple's iPad design patent. Apple did not infringe any of Samsung's patents. Apple is awarded a little over $1 billion in damages. Competition lost today, and developers in the United States should really start to get worried - software patents got validated big time today.
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RE[4]: Everybody wins
by JAlexoid on Sat 25th Aug 2012 13:42 UTC in reply to "RE[3]: Everybody wins"
JAlexoid
Member since:
2009-05-19

Code is not mathematics.

Ok. 25 years. You may have heard of such a thing as mathematical logic? Thus, you are technically right, code is not mathematics. Code is mathematical logic and a bunch of other subdivisions of mathematics.

express the very same concept in code

So yeah.... We are better off protecting general concepts, that don't bother disclosing the actual algorithms.

Also, there is no such thing as a software patent. We call it a software patent, because it references a process that is performed by a program code. All "software patents" are in their essence vague process patents.

So that said, I've come to believe that software patents in some form should exist.

I would agree with 3 points:
A) Full disclosure - source code mandatory!
B) Either copyright or patent, not both. The two deal with different types of IP.
C) Software patents don't need 10-20 years to recoup R&D costs, so 1.5 year protection term.(That was 2 years 9 months ago, that is how fast the industry changes)

Reply Parent Score: 3

RE[5]: Everybody wins
by zima on Wed 29th Aug 2012 10:07 in reply to "RE[4]: Everybody wins"
zima Member since:
2005-07-06

B) perhaps copyright should also mandate (future) disclosure of source code: placing it in an escrow being a condition for copyright protection - so that PD can have any real meaning.
( http://www.osnews.com/permalink?528221 )

Of course, the way things are going, copyright might become essentially perpetual, hence it wouldn't even matter...

Reply Parent Score: 2