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Nice analogy. | 456 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
"different software must create a different machine." -- Not in the U.S., it doesn't.
Authored by: Anonymous on Friday, November 30 2012 @ 09:08 AM EST
In a fine example of patent-holders having their cake and eating it too:

New software applied to an old machine can, legally speaking, make a new patent-protected machine.

But, under the "Doctrine of Equivalents", another "machine" with different software that practices the claims of the patent can still infringe the patent.

Wikipedia

[ Reply to This | Parent | # ]

Nice analogy.
Authored by: reiisi on Friday, November 30 2012 @ 10:06 AM EST

I have asserted several times (yet another time, in my blog, recent ly) that a valid software patent would have to have the implementation details, including source code and the operating environment, in order to give it limits that can be interpreted by courts and others who need to be able to interpret the limits.

A patent without limits is useless to a free society.

But the poison pill in the Berne Convention has me worried. (It worries Stallman, too, if I understand him correctly.) Until we can do away with the Berne Convention, the logical conclusion that, since source code is literary, copyright should be the preferred way to protect software inventions, does as much damage as patents on software.

[ Reply to This | Parent | # ]

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