Re: [opensuse] Re: [SLE] Novell-Microsoft: What They Aren't Telling You
- From: Doug McGarrett <dmcgarrett@xxxxxxxxxxxxx>
- Date: Sat, 11 Nov 2006 23:13:33 -0500
On Saturday 11 November 2006 23:21, M Harris wrote:
On Sunday 05 November 2006 05:24, you wrote:/snip/
Re: software patentability:
I ask this in all seriousness; I don't have a particular pre-conceived
bias one way or the other:
Why would assembling a collections of "objects" (as in C-objects)
together to perform some function be any different that assembling a
collection of resistors, capacitors and active devices together to form
a "circuit" (which is certainly patentable)?
hi Tony,
Great question. I asked it also, as I was thinking through this...
The answer is simple, but in order to answer it you need to ask
another question.... how is "software" like or unlike a collection of
resistors and capacitors assembled on a circuit board... compare and
contrast.
The circuit board containing resistors and capacitors is a physical
(meta-physical) construction comprised of real objects manufactured from
"stuff" that we generally call matter (we can touch it). Software is text.
The point is that software (as a medium) is only text, like a play, a
novel, a short story, a poem... or a recipe in a cookbook. It is a set of
symbols which can be read (by another person, or by a machine).... it is
text, plain and simple.
Text is protected by copyright (or copyleft... as I see it) and is not
patentable. Software is text, and as such should be protected by copyright
(or copyleft) and should not be patentable any more than a recipe in a
cookbook (designed to be read and "executed" by a chef in a kitchen). The
recipe in the cookbook, and any other software objects, are both text....
protected by copyright perhaps (or copyleft) but not patentable.
You should be happy that software is patented, rather than copyrighted.
Patents expire within a long but reasonable(?) time; copyrights don't expire
for almost 200 years. No-one living will ever see a copyright expire, even
if it was granted to Mickey Mouse movies of the 1920's.
Of course, I'm not happy that software is patented, I think that's ridiculous,
but think of the alternative!
--doug
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