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It's not that simple | 138 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
How does your definition not apply to general purpose computers?
Authored by: Anonymous on Wednesday, January 23 2013 @ 03:47 PM EST

When they are explicitly designed to work together and some features just won't work without that combination.
I remove the features of displayed output in Linux and the computer can certainly run. But the feature of being able to see what's happening and what I'm doing is no longer functional.

How does that not fit into a hardware/software feature combination that is "explicitly designed to work together or they just won't work"?

The point:

Once something is software changeable, any definition you attempt to apply to that particular hardware/software combination applies equally to any software applied to any hardware including to general purpose computers.

So why doesn't your definition apply to the general purpose computers?

RAS

[ Reply to This | Parent | # ]

It's not that simple
Authored by: Anonymous on Wednesday, January 23 2013 @ 07:18 PM EST
Imagine that I have my nifty ray-tracer that is implemented in software. It's
not patentable because it's an algorithm.

But instead, I implement it as a graphics accelerator card, with a custom
driver. Now I have a hardware/software combination, and now it's patentable.

But wait! The graphics accelerator is just a board holding a custom ASIC or
FPGA, which implements THE SAME ALGORITHM, just expressed in terms of gates
instead of in terms of source code. (Or, if you prefer, the source code was
VHDL instead of C.)

IANAL, but my understanding is that, under the current state of affairs, the
same algorithm is patentable if implemented in an FPGA and not patentable if it
is implemented purely in software. I do not think that it is possible for this
to be a reasonable state of affairs. If the Supreme Court really understood
this, I don't think they could consider it reasonable, either.

MSS2

[ Reply to This | Parent | # ]

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