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Re: software patents

From: rjack
Subject: Re: software patents
Date: Thu, 16 Nov 2006 20:14:46 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.7.2) Gecko/20040804 Netscape/7.2 (ax)

John Hasler wrote:
rjack quotes:

For computer programs, _if_ the patentable process is embodied
inextricably in the line-by-line instructions of the computer program, [
] then the process merges with the expression and precludes copyright

Note the underlined word.
A software patent is a “process”.(I exclude the rare design patent).

35 USC 101:
"Whoever invents or discovers any new and useful PROCESS, machine, manufacture, or composition or matter, or any new and useful and improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title."

A computer program is defined in copyright law:

17 USC 101:
“A ‘computer program’ is a SET OF STATEMENTS OR INSTRUCTIONS to be used directly or indirectly in a computer in order to bring about a CERTAIN RESULT.”

How can a computer program cause a violation (a certain result) of the process described in the patent unless the claimed violation is contained “embodied” somewhere in the “line-by-line instructions” of the computer program?

A line(s) of code is “inextricable” if removing the line(s) of code causes the process (patent) to no longer be violated.

So where is the "_if_"?

Can you supply an example where the patent process is _violated_ by _copyrightable_ program lines?

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