On 6/25/2010 7:49 AM, Warp wrote:
> scott<sco### [at] scottcom>  wrote:
>> *But*, if it applies to some physical object that can actually be made, then
>> the algorithm/program *can* be patented.  For example a novel image
>> processing algorithm for improving display quality on a display is fine, or
>> a control program for a crane, that sort of thing.
>
>    AFAIK even then it applies only to the device in question.
>
>    For example, a company could patent, let's say, a scanning device which
> scans a barcode and tells what numeric code it corresponds to. The algorithm
> which recognizes the barcode from the rest of the image and interprets its
> meaning can be part of the device patent.
>
>    However, someone could implement the exact same algorithm on a PC so that
> it would recognize barcodes from JPEG images and then distribute that program,
> and it would be fine because it's not anymore related to the scanning device.
> This person is not building the scanning *device* and distributing it, only
> a program.
>
The problem here is that it all depends on the "breadth" of the 
language. Someone a while back got sued, and lost, over a patent that 
covered imprinting music data onto media, via a kiosk. The patent they 
used to sue... was originally based on punching holes in paper scrolls, 
to be fed into player pianos. The people successfully sued over it - 
"Buy the music you want, per song, and have our kiosk burn those chosen 
songs to a CD for you."

That is the problem in a nutshell. Patents, under the current bunch of 
a) judges, b) patent lawyers, and c) system by which they are, if ever, 
looked at before issuing pendings on them, allow you to make the details 
so vague that it covers like 99% of every possible way to do something, 
not just the "specific" device, and the "specific" usage, originally 
applied for. So, of course, now, they **intentionally** make the 
language that vague, knowing they can get by with doing it, instead of 
being specific.

-- 
void main () {

     if version = "Vista" {
       call slow_by_half();
       call DRM_everything();
     }
     call functional_code();
   }
   else
     call crash_windows();
}

<A HREF='http://www.daz3d.com/index.php?refid=16130551'>Get 3D Models, 
3D Content, and 3D Software at DAZ3D!</A>

Post a reply to this message