*BSD News Article 6470


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Xref: sserve comp.org.eff.talk:9481 misc.int-property:591 comp.unix.bsd:6518
Path: sserve!manuel.anu.edu.au!munnari.oz.au!uniwa!craig
From: craig@ec.uwa.oz.au (Craig Richmond - division)
Newsgroups: comp.org.eff.talk,misc.int-property,alt.suit.att-bsdi,comp.unix.bsd
Subject: Re: Patents: What they are. What they aren't. Other factors.
Date: 14 Oct 1992 09:17:14 GMT
Organization: The University of Westrn Australia
Lines: 47
Distribution: inet
Message-ID: <1bgoiqINN8dc@uniwa.uwa.edu.au>
References: <1992Oct6.071314.16966@netcom.com> <11738.Oct1103.23.3892@virtualnews.nyu.edu> <1992Oct11.043358.5543@netcom.com> <id.6S0U.TRE@ferranti.com>
NNTP-Posting-Host: decel.ecel.uwa.edu.au

peter@ferranti.com (peter da silva) writes:

>The LPF advocates eliminating all software patents because they have found
>a number of demonstrably harmful ones and no evidence whatsoever that the
>mass might be beneficial. In fact, the best evidence is that there is no
>observable benefit to patents on purely software systems.

Personally, I believe that the problem is not the fact that patents on
software systems are unreasonable, but that the time limit on the patent is
too long.  Software is a product that has a remarkably short marketable
lifetime.  This may not be true in the future, but is true now.  An
operating system that is cutting edge now, will be obselete in roughly 5
years and the technology that is at the core of the operating system will
be obsolete in say 20 years.  Modern day unix systems in no way reflect the
unix's of old.  Having a 20+ year patent on a software system means that
the patent is basically forever because when it runs out, chances are that
nobody will want it in the large part.

There are of course exceptions.  LZRW springs to mind.  It is a simple
algorithm that provides fast compression of data.  It will probably always
be relatively useful (I seem to recall it is also patented by 2 independent
groups and both of these were after it was posted to the net)

The number of totally inane things that are patented boggles the mind.
Things as trivial as using the XOR instruction to flash the cursor on the
screen.  IBM owns that one.  There are also thousands of patents every year
along those lines.  The Megacompanies have obviously made a point (as is
typical with research companies) of patenting everything they come up with
on principles more than actual expected benefits.

My opinion is that there must be a justifyable research cost before a
patent is granted.  How long would it take the average bozo fresh out of
university computer programmer to decide that the best way of flashing a
cursor is to use an XOR instruction?  I should think that anyone who has
done any assembly language programming would come up with that in a good 10
minutes of coffe drinking.  Yet it is covered by a patent, so IBM could
demand money if you develop your product in the States.  In fact I suspect
that if you went through and did a 1% royalty for every patented idea in a
standard commercial product, you would find that the patent royalties went
over the 100% mark :-)

Craig
--
Craig Richmond.  Computer Officer -  Dept of Economics (morning) 380 3860
  University of Western Australia    Dept of Education (afternoon)
craig@ecel.uwa.edu.au Dvorak Keyboards RULE!  "Messes are only acceptable
if users make them.  Applications aren't allowed this freedom" I.M.VI 2-4