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Re: The GPL and Patents: ROFL

From: Hyman Rosen
Subject: Re: The GPL and Patents: ROFL
Date: Wed, 08 Dec 2010 15:59:45 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20100802 Thunderbird/3.1.2

On 8/13/2010 5:59 PM, RJack wrote:
What say ye now

That what you quote supports what I said, not what you said.
A work is not copyrightable when it represents the only way
to do something, because then its creation lacks creativity.
Whether the work is subject to patent claims is relevant only
to the extent that the patented process is so precise that
any work embodying it would be written in the same way. It is
not the patent that prevents copyright from applying, it is
the precision of the description. The same might apply if a
computer program implemented a precisely-described but not
patented algorithm published in a journal.

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