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From: | RJack |
Subject: | Re: The GPL and Patents: ROFL |
Date: | Wed, 08 Dec 2010 15:59:48 -0000 |
User-agent: | Mozilla/5.0 (Windows; U; Windows NT 6.1; en-US; rv:1.9.2.8) Gecko/20100802 Thunderbird/3.1.2 |
On 8/17/2010 1:15 PM, Hyman Rosen wrote:
On 8/16/2010 2:08 PM, RJack wrote:You can't have it both ways.As you quoted, "embodied *inextricably* in the line-by-line instructions". Most implementations of patented processes are not so embodied, and thus the patent poses no impediment to the copyright.
Sigh... OK... Write your source code anyway you want. Sanskrit or ancient Mayan if you so desire. Release it under the GPL and claim that it prevents a patent from being exercised. It is a fundamental principle of patent law that, to prove infringement, the patentee must show that each and every limitation of the asserted claim is present in the accused product, either literally or equivalently. I'll leave it to you to demonstrate how it is *possible* for a computer program to violate a limitation of the patent without using "implemented line-by-line instructions" (since that is *all* a computer is comprised of). Do you propose some form of philosophical dualism akin to the mind-body equivalence hypothesis of consciousness? Try that on a jury. ROFL. Sincerely, RJack :)
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