Re: Patent

watermodem (watermodem@ameritech.net)
Sat, 06 Nov 1999 00:36:01 -0600


Jesse Pollard wrote:

> From: "Theodore Y. Ts'o" <tytso@mit.edu>
> >It would be interesting for someone to set up a www.priorart.org web
> >site, dedicated towards finding and exposing stupid USPTO tricks; the
> >problem is that it would be a legal lightening rod, and it would have to
> >be careful to disclaim that it was giving anything that might be
> ...
>
> I vaguely remember the ACM having some software patent articles/tracing.
> The reason I remember something on this was a patent by toshiba? on a method
> of calling a reusable code module (ie. a subroutine call).
>
> The ACM archives might have some initial data available.
> -------------------------------------------------------------------------
> Jesse I Pollard, II
> Email: pollard@navo.hpc.mil
>
> Any opinions expressed are solely my own.
>
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If you really want to wonder about what patents will soon mean in the modern
world look at one of the applications used by the huge beowulf computer at
www.geneticengineering.com. If I properly understand what the application
does is to look at current patents and then with genetic programming and an
evolutionary "soup" provided via a beowulf environment (1024 SMP dual PIIIs)
it figures out alternate ways to accomplish the same end that are not yet
patented and if worthwhile the firm will patent them... Note it is coming up
with new methods and apparatus not new ideas.

This brings to mind the story of a TA I had in the mid-70s for APL. He wrote
an APL program that generated pornographic novels. He earned a little extra
cash by running out a novel every so often. The novels became successful in
their genre and the publisher kept wanting more. After awhile he got tired of
generating them and offered to give the publisher the program. The publisher
and his lawyers were aghast. "You mean that this was all computer
generated?" , "yep!" ,
"That means in a court of law the state could claim 'no redeeming social value'
as it was not written by a human!". So they threatened to sue him and the
university. By the time it was all over he was kicked out of the university
and blacklisted for life!

What I am trying to say is that perhaps patents should be for the idea and not
the method and/or apparatus. This is just the opposite of what it currently
is.... Otherwise all patents could end up be generated by those with the most
powerful machines. Humans just get left out or have so many of their ideas
surrounded by the automated patents that they are basically worthless....

Just my two cents....

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