Supreme Court Rules Software Patents Invalid-Without Ever Mentioning Software Once In the Decision
"What this means is that companies like Apple, IBM, Microsoft, Google and others have had the value of their patent portfolios nearly completely erased today. If they wish to remain compliant with Sarbanes Oxley and other laws and regulations of the Securities and Exchange Commission they will need to level with their shareholders and tell them that their patent portfolios have been decimated."
db is on a plane headed to the Atlas Summit to give a talk about Galt as Inventor. When he gets off the plane, this news will greet him. Imagine a MODERN patent system understanding the manufacturing age but not the information age....
db is on a plane headed to the Atlas Summit to give a talk about Galt as Inventor. When he gets off the plane, this news will greet him. Imagine a MODERN patent system understanding the manufacturing age but not the information age....
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If "applied mathematics" were patentable, you would first have to distinguish what you mean by that from "pure mathematics", since it is all mathematics and there is a large body of theoretical material in "applied mathematics". That knowledge is also hierarchical, as it must be as abstract knowledge. Requiring patent fees to use any parts of it in further thinking and use of theory and algorithms would subject most of what is published and known about mathematics to patent litigation just for thinking correctly in mathematics, economics, science and engineering. The nightmare of lawyers intruding in everything would destroy all science. The ambulance chasers would be in their glory until the parasites had nothing to feed off. The slip-N-fallers would be envious and none of it would be done on behalf of property rights.
No idea does anything "on its own". Some person has to understand it in his mind and apply it.
Software is not all about mathematics. Some of it is calculation and some isn't. Even when it is mathematical software it an encoding of an algorithm in a specific way following additional rules required to get the computer to follow specific steps in a specific way, analogous to doing arithmetic with paper and pencil following 'mechanical' rules as opposed to thinking what the numbers and operations mean as concepts and principles.
What does this have to do with art?
It's not even clear to me from the articles exactly what this particular patent was specifically claimed to be for, so I don't know what methods claimed to be previously commonly used were involved.
There have been many examples of software patents -- whether granted or being argued or fought over -- which would be ridiculous to patent. They are typically routine application of general methods, or ordinary techniques that came out of non-commercial research or obvious applications that almost anyone would do in the course of his work, without thought of patenting it, but which someone claims to have temporal priority over and "proven" only because no one else was bothering to keep records of such an "invention" because no one else thought of it that way or would have thought to exclude others from independently doing the same thing.
I am reacting only to commonly cited examples, some of which we see here on this page, not as someone who would know how to evaluate claims under current law. I'm not opposing intellectual property rights, but rather find that important proper principles defining them for software (except perhaps for copyrights or trade secrets) are not easy, and I can see how not getting it right can violate the property rights for a lot of people excluded from use of their own routine independent work as well as those with legitimate inventions that ought to be patentable.
Not every design of an implementation of something with an "objective result" is patentable either, just like purely mechanical machines.
More clarification is necessary, philosophically and legally, about the role of software in patentable devices.
Name an overly broad patent. How do you determine if it is overly broad? Do you know how to read and interpret claims?
It's true that the Constitution is not the philosophical justification for the laws, but it was based on better ideas than those in Venice, feudualism and merchantilism.
Most of the effort in formulating the Constitution went into devising a political implementation with limits on growth of power, based on already accepted ideas of individualism.
("3/5 votes for slaves" was the politically feasible alternative to eliminating slavery at the time; that principle for computing representation in Washington -- not literally discounting votes for slaves -- served to limit the power of the slave states.)
"Like-minded" does not mean your spreading any ideas you feel like in your religious hatred for Ayn Rand's philosophy.
What some "seem to believe" about anarchy and religion does not make them coherent positions, let alone compatible with their opposite in Ayn Rand's philosophy.
Denial of intellectual property rights on principle is a form of anarchy in one sphere, not necessarily across the board, but the same a-philosophical "libertarian" mentality seems to often show up in both.
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