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
Letter to German Parliament | 210 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
One doesn't need to prove to the Patent Lawyer
Authored by: Anonymous on Monday, April 22 2013 @ 03:22 PM EDT

And at this point, I think it'd be a waste of effort.

But we do need to simplify our examples and make them clear to the people that need to understand them:

    Congress
    Supremes
What I mean by clarity:
    It doesn't help when one of us tries to use a single example and we get a dozen others - of us - who are breaking away from the simple message provided just to nit the details.
It only adds to the confusion which is the only tool of the pro-software patent group have. It's also their strongest tool.

Example: they point to a printout. You use Congress/Judges as your audience and you point out the reality that there's nothing there but ink on paper. Any meaning is in the fact that software is a language and if you can patent that printout, you can patent anything anyone can author from short stories to facts and math.

Getting into a discussion with individuals such as Gene Quinn who insist math is patentable and will point at the patents that have been granted as proof while you point to the Supremes explicitly stating "math is not patentable" is a complete waste of time and effort.

You can't succeed against someone whose vested interest is embedded in the illusion. And given it's not the Patent Lawyers that ultimately make/enforce the Law - they're not who we should be explaining things to.

RAS

[ Reply to This | Parent | # ]

Letter to German Parliament
Authored by: Anonymous on Wednesday, April 24 2013 @ 09:36 PM EDT
They will point to a printout, or a disk, and since they do not understand the nature of software you won't be able to prove to them that they're wrong.

And I'd be asking them what is novel about lines of text printed on fan-fold paper, or magnetic domains on a disk? Both are possibly unique patterns on common media. Copyright maybe, patent, no.

[ 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 )