Berkeley CSUA MOTD:Entry 17273
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2000/1/20-21 [Reference/Law/Court, Computer/SW] UID:17273 Activity:moderate
1/19    http://linuxcentral.com/linux/LDP/rms.txt  Is it really true that
        amazon has patented the use of cookie in online ordering?  I thought
        they are not even the first one to use it.  Can I patent eating
        food through my mouth?
        \_ Anyone who thinks amazon patented cookies has either not read the
           patent (very likely), understands nothing about patent law (highly
           likely), or is a complete moron.  Choose any two of the above.  The
           fact that the court has prevented amazon competitors from using
           amazon's patented one-click technology makes it clear that the
           court feels amazon is likely to win it's case in a trial.  I trust
           the opinion of the court on this matter more than I trust the
           opinion of the uninformed slashdot masses who would all be super
           geniuses if they knew 1/10th of what they think they know about the
           world or anything in it.
        \_ They patented "One-Click Shopping" which uses cookies.  And if you
           worded it right, you could probably convince the morons in the
           patent office to issue a patent for eating with your mouth.
           \_ Quick!  Patent the "9 items or less" line and sue every
              supermarket chain in the country!
           \_ patent office workers are underpaid and overworked
              and if you were knowledgable enough to approve good technology
              patents you wouldn't be working there
              \_ Wasn't Albert Einstein a patent clerk? --dim
                 \_ Exactly.  That's why he quitted, and that's why he didn't
                    bother patenting his Theory of Relativity.  (If he worded
                    it right, he could've even patented a theorem, right?)
                    \_ Wrong. The one rare thing patent law is explicit about
                       is that you can't patent laws of nature. If he BUILT
                       something using the principle, however.... -alexf
                       \_ But you can patent DNA sequences! That sounds
                          like it's in conflict with the above statment.
                          \_ That's an ongoing debate. Check specifics
                             with someone who knows more than I do. -alexf
                       \_ Which reminds me of this: computer programs were
                          thought of as algorithms, which were math, which was
                          laws of nature.  How was computer programs excluded
                          from this law and became patentable?
                          \_ Software is now considered an implementation and
                             not an algorthym.  If you look up the exact
                             definition of algorythm you'll find pretty much
                             zero software falls under that definition.  In
                             very simple terms, the law considers software to
                             be no different than hardware in terms of patent-
                             ability.  Software is an expression of the idea,
                             the same way hardware is.  You build it with bits
                             instead of widgets.  Consult a patent lawyer if
                             you want a full legal explanation.  IANAL.
                          \_ I think there's been some debate about whether or
                             not software should be patentable, or just
                                                \_ http://lpf.ai.mit.edu
                             copyrighted-- but the original reasoning of
                             software patents had to do with the analogy that
                             a computer given the software of a word
                             processor was bascially similar to the invention
                             of a typewriter.
                             \_ What's the difference between patent and
                                copyright?
                                \_ Copyright protects things that can be copied
                                   (text, images, music, etc.)  Patents protect
                                   inventions.
                          \_ Hell, you're composed of atoms--basically your
                             ideas are just random fluctuations of nature.  How
                             can you patent anything?
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Software Patents: * Recent 10 News: + 29 Jan 2004: Microsoft seeks Word and XML-related patents + 28 Jan 2004: Article about Lemelson machine vision patents + 20 Jan 2004: IBM Seeks Patent For Separating Business, Web Code + 15 Jan 2004: Domain registrars sued over URL patent + 15 Dec 2003: CD-burning software prompts patent suit + 11 Dec 2003: Banning software patents: a call to action * 11 Unisys/CompuServe GIF Controversy 12 Software Licenses: a few links about how some software licenses threaten programming freedom. The 22 Foundation for a Free Information Infrastructure is an active European site that opposes software patents. Excerpt from Article 1 of the 23 Unites States Constitution: Section 8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; Against Software Patents The League for Programming Freedom February 28, 1991 Software patents threaten to devastate America's computer industry. Patents granted in the past decade are now being used to attackcompanies such as the Lotus Development Corporation for selling programs that they have independently developed. Soon new companies will often be barred from the software arena--most major programs will require licenses for dozens of patents, and this will make them infeasible. This problem has only one solution: software patents must be eliminated.