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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Some symmetry would be nice | 360 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Still no arguments against software patents per se
Authored by: PJ on Wednesday, May 09 2012 @ 02:16 AM EDT
If someone took the patents and showed by
proofs that they are algorithms, mathematics,
I'm sure they'd be more useful.

[ Reply to This | Parent | # ]

Still no arguments against software patents per se
Authored by: Anonymous on Wednesday, May 09 2012 @ 03:03 AM EDT
they won't do this because it would invalidate their own patents...

[ Reply to This | Parent | # ]

Some symmetry would be nice
Authored by: Anonymous on Wednesday, May 09 2012 @ 12:12 PM EDT
If Oracle is going to argue that an API can be copyrighted (which seems like
quite a reach, given the current state of the law in the US), then Google could
(should?) argue that software is not patentable because it's mathematics (which
is also a reach, given the current state of the law in the US).

Google isn't going to do this, however, because Google is neither as slimy nor
as desperate to find something to hang a case on as Oracle is.

My personal view: Some software is worthy of patents - Diffie-Hellman and LZW,
say. Those were significant improvements that were not obvious to one
ordinarily skilled in the art. The problem is that the PTO has no idea what's
obvious to a professional software engineer with 20 or 30 years of experience
and a copy of Knuth.

MSS2

[ Reply to This | Parent | # ]

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