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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.

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Yes, that is the point | 756 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Yes, that is the point
Authored by: Anonymous on Friday, July 20 2012 @ 05:27 PM EDT
>At the factory, the machine with the software has a different parts list and
a different cost (accounting at least for the time it takes to install the
software, even if the software was generously donated by one of you).
Accordingly, it has a different model number and a different price.

Nothing in this has anything at all to do with patentability. You can package
screwdrivers in different colored boxes, with different other tools taped to the
side, with or without bags of screws--the screwdriver is still the same.

But you're completely missing the question: WHEN is the machine changed? when
you burn the software on a CD? When you insert the CD into the CD drive?
(Suppose it's a Live Linux distribution?) Suppose there ISN'T an installation
process at all: there never needs to be one. Do you make a legal distinction in
patent law between a machine running off a Live Linux CD and a machine with a
hard drive? Suppose the hard drive is on the other end of the internet?

INSTALLING A PROGRAM IS JUST MANUAL CACHING. IT HAS NO EFFECT ON THE NATURE OF
THE MACHINE OR THE PROGRAM.

[ Reply to This | Parent | # ]

Yes, that is the point
Authored by: Anonymous on Thursday, July 26 2012 @ 07:05 AM EDT
"Again, you can take that position if you like, but it is the position of a
smarmy lawyer."

Ad Hominim attacks (calling people nasty names) are one of the last resorts of
the desperate.

[ Reply to This | Parent | # ]

Yes, that is the point
Authored by: PJ on Thursday, July 26 2012 @ 07:20 AM EDT
I think you've commented enough now, because
your arguments have nothing to do with the
article and misunderstand the nature of the
discussion. So, guys, just ignore comments
like these. It's too silly for Groklaw.

[ 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 )