decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

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.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Not always | 1347 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Not always
Authored by: Marc Mengel on Monday, June 11 2012 @ 12:02 AM EDT

I've run lots of software over the years -- in my head, with pencil and paper as
assistance. This is the usage that makes it most clearly mathematics.

[ Reply to This | Parent | # ]

Wonderful definition, but software runs on hardware with I/O for a purpose...
Authored by: jonathon on Monday, June 11 2012 @ 03:22 AM EDT
>there's definitely hardware involved generating the input,
there would be no software without some fairly-specific hardware.

That "fairly specific hardware' and "software" would be the
chicklet keyboards from circa 1985, which, if one took the time to learn how to
make the specific gestures, enabled data entry the same way that SWYPE does.

[ Reply to This | Parent | # ]

Drawing a clear and well defined line
Authored by: Anonymous on Monday, June 11 2012 @ 07:06 AM EDT
The hardware is not aimed at performing the specific task which the software
accomplishes. That's what makes the difference, and the distinguisher between a
general purpose computing device and one that is not. The whole software (and
not parts of it) plus the hardware would be patentable.

A washing machine with control software might be patentable. It's aimed at
washing and not to do anything else, and the software is aimed at making that
possible. (Still, the software itself would be maths, and could not be patented
- only the whole thing)

A general device with a touchscreen which can be used in a myriad of forms, of
which the software creators choose to represent a keyboard image on it, is not a
device aimed at acting as a keyboard. The whole software does not consist just
on the input part, and should therefore not be patentable separately.

[ Reply to This | Parent | # ]

Wonderful definition, but software runs on hardware with I/O for a purpose...
Authored by: jesse on Monday, June 11 2012 @ 07:09 AM EDT
No device there:

A keyboard image - already an abstract mathematical representation.

a way to track the finger doing the swiping - already patented as the touch
pad.

a way to display results - again already patented.

So exactly what is patented? an abstraction (the "swipe") of an
abstraction (the sequence of locations from the touch pad which are nothing but
an array of Cartesian coordinates--- ooh more mathematics!)?

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )