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Questioner is confusing the Story (told by copyrighted code) v the PATENTS (methods and concept) | 380 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Questioner is confusing the Story (told by copyrighted code) v the PATENTS (methods and concept)
Authored by: Anonymous on Thursday, May 24 2012 @ 06:57 PM EDT
No, the OP is not. Code would be akin to the blueprints of of the rocket and protectable by copyright, but not patents. It is not until you transform the "story" into a functional existance (be it a rocket or a "program") that the questions of "patentability" and "Software is Math" begins. Here is the problem with PoIR's comments...
The formulas describe simultaneously two things. First, they describe the rocket and its motion. This is patentable despite being described by math. Second, the same formulas describe the computations the engineer must do when computing his mathematical model of the rocket.
This comes to two different conclusions when it should not...the "formulas" are not what are patentable (even though they may be filed with, be required for, and explain the patent). The creation of a functional device utilizing the patented parts of the formula is what is required to be infringing, not copying a "patented formula". Until then, it is just a mathematical formula describing a rocket in motion (and may be only protectable by copyright). Then he goes on to talk about the formulas for computations and that they are a math model. So? It isn't patentable either and it's only protection might be copyright. Nowhere does that address why utilization of parts of this formula, once made into a functional device (i.e. a software program), should not be patentable just as with the first formula. Because it is "computations" is not a justification and nowhere could I really find anything which did try and justify that.
Another issue seems to be:
A big difficulty is that lawyers use a different computer science than programmers
While those are in fact two viewpoints, they are by no means he ONLY two viewpoints. Go ask a high level (PHD, NASA, etc...) mathematician, chemist, and mechanical engineer, et al their opinion of this and you will get as many opinions as types of people you ask depending on who their specialty views the world. Not sure why CS is the one we should listen to?

[ Reply to This | Parent | # ]

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