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Curing the Problem of Software Patents, by Michael Risch | 1347 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Curing the Problem of Software Patents, by Michael Risch
Authored by: drakaan on Monday, June 11 2012 @ 10:09 AM EDT

...Actually, I disagree that that's the distinction. I see the distinction as being between abstract and concrete.

Software can only ever take numbers and alter them (in myriad and labyrinthine ways). Programs and programming languages from machine language to javascript have been designed to leverage progressively more basic underlying programs in order to make it easier to instruct a computer. The fact that many once-difficult things are now easy is well-known to those versed in the arts, but may not be obvious to the layman. Stuff that's done in software is really easy *now* because of all of the algorithms that have already been vetted in the past (math is often like that).

Software is abstract, not concrete (it cannot cause a direct physical effect). That's part of the *reason* that algorithms and thoughts are not the same thing as inventions.

Ideas and phenomena exist now. They are discovered, not created. Inventions do *not* exist now, and must be created. They may rely on a recently-discovered idea, but it is not the idea that makes the invention...it's the new machine that is needed to bring the invention to life.

The phenomenon of electromagnetism existed before it was discovered. The idea for a device that could take a voltage or current travelling through some conductive wire and multiply or divide it based on the number of windings in that wire and another wire in close physical proximity in an of itself was not an invention. The physical transformer *was*.

I think the fundamental difference in viewpoint of programmers and non-programmers hinges on how deeply one understands math and how deeply one understands the operation of today's general purpose computers (PCs, smart/dumb-phones, mainframes, etc)

---
'Murphy was an optimist'
-O'Toole's Commentary on Murphy's Law

[ Reply to This | Parent | # ]

"Patents are about ideas" - WRONG per a US Senator on Judicial Cmte: "patents = inventions"...
Authored by: Anonymous on Monday, June 11 2012 @ 12:26 PM EDT
Re: "Patents are about ideas" -

That is very wrong, as you can not patent ideas.

Per a US Senator on Judical Cmte, in an email to me, when I used the same
"idea" word in a communication with him, the reply from the Senator
spelled out that "you can not patent ideas, you can only have patents on
stuff that are inventions"...

Inventions.

So, today, "invention" means what? Inventions, that are all about
Methods and Concepts that are non-obvious, etc (and that are not math).

Just too bad that Bilski ruling was so short sighted (due to ignorance of the
Supreme Court judges that were not geeks, who lacked the training in tech in
order to see the forest thru the trees).

[ Reply to This | Parent | # ]

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