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From: terry@cs.weber.edu (A Wizard of Earth C)
Subject: Re: Letter asking for help with Apple from the US VP
Message-ID: <1992Sep24.004248.18218@fcom.cc.utah.edu>
Sender: terry@icarus.weber.edu
Reply-To: terry@icarus.weber.edu
Organization: Weber State University (Ogden, UT)
References: <BZS.92Sep21192823@ussr.std.com> <1992Sep22.031436.11940@fcom.cc.utah.edu> <1992Sep23.210820.18867@gvl.unisys.com>
Date: Thu, 24 Sep 92 00:42:48 GMT
Lines: 85
In article <1992Sep23.210820.18867@gvl.unisys.com> dave@prc.unisys.com (David Lee Matuszek) writes:
>In article <1992Sep22.031436.11940@fcom.cc.utah.edu> terry@icarus.weber.edu writes:
>>
>>
>> Seriously, I think it's time to rethink intellectual propertly
>>law on software, probably in terms of patents rather than copyrights...
>>hopefully with a most a 7 year limitation before the protection runs out.
>>All of this BS is getting a bit ridiculous.
>
>I agree completely that it is time to rethink intellectual property laws.
>
>I disagree completely that patent law might be a better basis than
>copyright law.
>
>Patents protect ideas, such as XORing a cursor onto the screen, or
>run-time checking of parameter lists (two particularly egregious
>examples). Copyrights protect the expression of ideas. (I admit this
>is an oversimplification but it is nonetheless essentially correct.)
>
>You cannot unknowingly violate a copyright; expressing the same ideas
>in your own words is never a violation. You can violate a patent
>accidently, by having the same ideas as someone else. If you are a
>programmer, chances are some of your code violates some patent or
>other. You do not have the resources to ensure your code is legal,
>_even if_ you work for a large company; you do not have the resources
>to defend yourself in court, _unless_ you work for a large company.
>
>Patent laws therefore discriminate very strongly against individuals
>and small businesses in favor of large companies. While your opinion
>may differ, I think this is very strongly undesirable.
In terms of becoming public domain in the period of 1/10th of a human
lifetime, not in terms of enforcement!
If the litigation period exceeded the claim period, then there would be
much less effort to indemnify "look and feel" in case law as a follow on
and "logical extension" of copyright, and all of the other BS people are
trying to say should be copyrightable. Don't think this isn't a real
danger -- after all, the amendment allowing income tax was one state
short of ratification. The only thing allowing it is case law from the
supreme court.
It would also mean that AT&T could claim SVR4 and SVR3 were proprietary,
but not 32.
Thus DOS 1.0 would be public domain (with sources disclosed and available
from "the software office", but, while you could get the DOS 5.0 sources,
trying to sell it would have to wait 7 years.
The "secret" windows interfaces would be disclosed, but you couldn't use
the code in windows itself for 7 years (5 years for 2.0). No more problems
with the FTC for Microsoft.
This would also make it more likely for companies to put out new products
and continue research and developement (since if you sat on your laurels
over 7 years you'd have nothing).
If you don't have enough confidence in your company that you think you can't
improve your product over a period of 7 years, you probably shouldn't be in
business (this applies to nearly any company, but especially automobile
manufacturers).
Some things would still be patentable or copyrightable (like data sets), but
there should be restrictions on overlapping protection as well.
I'm not saying that this would resolve all the problems, but it would
certainly clear the BS from the court dockets by removing the profit from
most of it. It would also speed technology transfer to the public sector.
Opinions?
Terry Lambert
terry_lambert@npd.novell.com
terry@icarus.weber.edu
---
Any opinions in this posting are my own and not those of my present
or previous employers.
--
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