Software patents
Bob Hall
rjhjr at cox.net
Fri Sep 12 16:48:54 PDT 2003
On Fri, Sep 12, 2003 at 09:18:34PM +0000, Jens Rehsack wrote:
> Todd Stephens wrote:
> But if any algorithm used in bsd will be patented in europe and
> the patent became valid, they may have a problem either.
I don't know about Europe, but if the algorithm existed in *BSD prior
to the patent, that would be "prior art", and it would invalidate the
patent. Given the way changes have been introduced into the code base in
the various BSDs, there shouldn't be any problem documenting that BSD
had it first. The problem is not on things that already exist; they can
generally be documented. The problem is granting patents on trivial
improvements, like "one click shopping". Patent law was never intended
to protect that sort of thing.
Bob Hall
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