Knuth on Software Patents
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Knuth on Software Patents

And wow -- just when I thought I was sick to death of reading about Software Patents -- check out this quote from Knuth Yes That Knuth:

Congress wisely decided long ago that mathematical things cannot be patented. Surely nobody could apply mathematics if it were necessary to pay a license fee whenever the theorem of Pythagoras is employed. The basic algorithmic ideas that people are now rushing to patent are so fundamental, the result threatens to be like what would happen if we allowed authors to have patents on individual words and concepts. Novelists or journalists would be unable to write stories unless their publishers had permission from the owners of the words. Algorithms are exactly as basic to software as words are to writers, because they are the fundamental building blocks needed to make interesting products. What would happen if individual lawyers could patent their methods of defense, or if Supreme Court justices could patent their precedents?

(from Donald Knuth's Open Letter to the Commissioner of Patents and Trademarks)

Argument by analogy is fiendishly difficult (like using chopsticks to nail spaghetti to a wall?) but Donald does it very well.





'MikeFitz' on Fri, 13 Apr 2007 09:44:01 GMT, sez:

Interesting quote from Donald. I see this nightmare scenario unfolding...

Step 1. We'll end up with a ruling that simple algorithms (like Pythagoras) cannot be patented, but complex ones (like Google's Page Rank) can.

Step 2. There'll be endless litigation about whether an algorithm is simple or complex.

Step 3. The judiciary will then set a "precedent" that a simple algorithm is one that His Honour can derive and understand using his high school mathematics; anything else is a complex algorithm.

The legal profession will see it as a great money-spinner, but they might have to learn some maths.



'Locutus' on Mon, 16 Apr 2007 10:26:27 GMT, sez:

It's not about simple or complex but about the value it represents. If you spend 10 years of your life developing a mathematical principal is pretty fair that you can have some way of protecting and gaining from that investment, like a patent or copyright.
If, in that case, you have invented a very simple and fundamental mathematical formula that the whole of civilization has overlooked until you came along, it is completely fair that you become filthy rich.



'A silly question...' on Tue, 15 May 2007 06:35:02 GMT, sez:

Isn't the entire patent scheme illegal because it's demonstrably anticompetitive?



'lava' on Wed, 06 Jun 2007 05:55:15 GMT, sez:

maybe you could join the science kiddies and use your technical skills to become filthy rich patent attorneys!

@ "a silly question"
the patent system means that inventions are made public for other people to analyse and build on... there is nothing stopping somebody keeping something a trade secret, in fact sometimes a company is better off that way (think Coke and it's magic formula)

following on from Locutus, if you subsequently build on and use somebody else's IP to make your own small fortune, then it is only fair that they should also get a return for their efforts and investment.

sometimes I feel like capitalist scum writing that - aaaaahhhh the struggle.



'lb' on Wed, 06 Jun 2007 20:41:50 GMT, sez:

@lave:
>there is nothing stopping somebody keeping
>something a trade secret

I can think of two reasons.

1. If your thing is released as software, then the software can be decompiled, reverse engineered and hence your trade secret won't remain secret.

2. If someone else creates your thing, and then patents it, they'll be able to sue you for a share of the profits you've derived from the thing.

So patenting can be a pre-emptive strike.




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