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Re: The GPL and Patents: ROFL

From: RJack
Subject: Re: The GPL and Patents: ROFL
Date: Wed, 08 Dec 2010 15:59:48 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 6.1; en-US; rv: Gecko/20100802 Thunderbird/3.1.2

On 8/17/2010 1:15 PM, Hyman Rosen wrote:
On 8/16/2010 2:08 PM, RJack wrote:
You can't have it both ways.

As you quoted, "embodied *inextricably* in the line-by-line
instructions". Most implementations of patented processes are not so
 embodied, and thus the patent poses no impediment to the copyright.



Write your source code anyway you want. Sanskrit or ancient Mayan if
you so desire. Release it under the GPL and claim that it prevents a
patent from being exercised. It is a fundamental principle of patent law
that, to prove infringement, the patentee must show that each and every
limitation of the asserted claim is present in the accused product,
either literally or equivalently.

I'll leave it to you to demonstrate how it is *possible* for a computer
program to violate a limitation of the patent without using "implemented
line-by-line instructions" (since that is *all* a computer is comprised
of). Do you propose some form of philosophical dualism akin to the
mind-body equivalence hypothesis of consciousness?

Try that on a jury. ROFL.

RJack :)

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