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From: | rjack |
Subject: | Re: software patents |
Date: | Thu, 16 Nov 2006 20:14:46 -0500 |
User-agent: | Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.7.2) Gecko/20040804 Netscape/7.2 (ax) |
John Hasler wrote:
rjack quotes:For computer programs, _if_ the patentable process is embodied inextricably in the line-by-line instructions of the computer program, [ ] then the process merges with the expression and precludes copyright protection.Note the underlined word.
A software patent is a “process”.(I exclude the rare design patent). 35 USC 101:"Whoever invents or discovers any new and useful PROCESS, machine, manufacture, or composition or matter, or any new and useful and improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title."
A computer program is defined in copyright law: 17 USC 101:“A ‘computer program’ is a SET OF STATEMENTS OR INSTRUCTIONS to be used directly or indirectly in a computer in order to bring about a CERTAIN RESULT.”
How can a computer program cause a violation (a certain result) of the process described in the patent unless the claimed violation is contained “embodied” somewhere in the “line-by-line instructions” of the computer program?
A line(s) of code is “inextricable” if removing the line(s) of code causes the process (patent) to no longer be violated.
So where is the "_if_"?Can you supply an example where the patent process is _violated_ by _copyrightable_ program lines?
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