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
Since everything can be described by mathematics, it really doesn't matter. | 758 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Since everything can be described by mathematics, it really doesn't matter.
Authored by: PolR on Monday, October 15 2012 @ 01:42 AM EDT
I will answer what I think is the critical part of your "splitting hair" for the sake of the argument. I think these are good points because they are likely to be argued by those who support software patents.
If there exists such a point where the meanings within the mathematical model take one meanings beyond the original pure math. In a computer it's not unreasonable to say that point is execution time; when all the math gets transformed into a machine state represented by, electrons and voltages held in arrays of doped silicon and eventually take part in enhancing the computer operators personal experience in a way that was expressed by a software developer. or something.
No. This doesn't happen during the execution of the program. Math is never transformed into electrons. This is like saying a legal brief is transformed into a stack of paper covered with ink at the time of printing. The semantical relationship goes the other way round. The symbols convey the meanings. The meanings is not transformed into symbols.

Semantics is not an action of the computer. It is an operation of knowledge. The reader knows the language and can recognize meanings into the symbols. This is true for a written brief. This is true for data in a computer.

Do you know Chinese? Or Russian? Take a foreign language. Imagine you are given a computer using an unknown user interface in that foreign language. You won't understand a single thing about the data. You don't know the language. But someone with knowledge of the language will use the computer just fine. Semantics is a function of the user's knowledge.

Perhaps software patents make sense of you consider them to cover machine characteristics as a whole, perhaps it's better to view software not as a separate or discrete unit, but as a part of a computer that works by enhancing the characteristics of the machine as a whole. That way the results of the mathematics and the cold hard electrons at work are more distant in mind buried under layers and layers of theoretical virtual machines. We can approach the users experience and how the characteristics of the machine enhance his living experience.
Semantics is not a physical component of a machine. By that logic the meaning of a legal brief would improve a stack of paper covered with ink. If we consider the document as a whole the meaning is an improvement to an article of manufacture. This type of argument could be used to patent any type of contents stored on every type of physical supports.

Your argument is tantamount to say that contents is something physical which should be patentable because it improves how the user experiences the physical device.

[ 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 )