BSEE + MSCS's picture

Bolderdash - I disagree!

On January 18th, 2007 BSEE + MSCS (not verified) says:

Dear Editors,

Thank you for the history of patent law wrt software & the internet.
I found this to be one of the best summaries I've ever seen and very useful.
All your logic and arguments make sense, except when you begin to blurr what a scientific truth is versus an algorithm. I don't see it. I'm fairly well educated and do not intend to go back to college - actually I never left. I'm now working on a PhD, part time. Turing and/or others may have shown that not all "problems" (Note: Not algorithms) can be solved in finite time. However, it doesn't follow that all algorithms are physical laws of nature. For example, which law of nature is it that says you can execute/commit an internet purchase with a single mouse click? I'm not arguing that Amazon's one-click patent will hold up in court, nor that it should have been awarded. I would take issue with this portion of this patent based on its simplicity and obviousness. However, as they say, hind-sight is 20-20.
Try to think of patentable software (some not all) as the distillation of a process into an algorithm that is hardware independent. Obviously it must execute on hardware to be useful, but the essence of the process doesn't really care what type of hardware it executes on, or if practical, even if it's done manually. Many processes that can be implemented in specialized hardware, can also be implemented in software on generic hardware, or done manually. I doubt you would have a problem with patenting a process if it were implemented in specialized hardware. So why argue against patenting the underlying process?
My advice to you is that if you don't see this - don't go back to college. Education is not the issue. My guess is that you have an axe to grind and for some reason you are a bit prejudice against software. I've encoutered this sort of attitude many times in my career over the past 30 years, as software and computers (e.g. generic hardware) has moved to the forefront, often displacing specialized hardware skills. I'm curious, are or were you guy ever hardware engineer(s) or just history buffs?

:-)

Best Regards,
BS-EE + MSCS

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