Path: utzoo!utgpu!news-server.csri.toronto.edu!rutgers!usc!elroy.jpl.nasa.gov!aero!aerospace.aero.org!abbott From: abbott@aerospace.aero.org (Russell J. Abbott) Newsgroups: trial.misc.legal.software Subject: Re: Capitalist Software Tools Message-ID: <81355@aerospace.AERO.ORG> Date: 17 Aug 90 19:36:03 GMT References: Sender: news@aerospace.aero.org Reply-To: abbott@antares.UUCP (Russell J. Abbott) Organization: The Aerospace Corporation, El Segundo, CA Lines: 30 In article gumby@Cygnus.COM (David Vinayak Wallace) writes: > ... >At least I can still circulate the source if I want; patents themselves >are in the public domain. Is this true? What are the implications of this? Can one write, distribute, perhaps even sell a program that uses a patented algorithm without violating the patent as long as one distributes the program in source form? Can one argue that when a patented algorithm is distributed in source form one is in some sense only discussing a publicly published patent--that it is not until the code is compiled, loaded, and executed that the patent is violated? If one wanted to use a patented algorithm as a component in one's software product, could one include some source code that uses the algorithm as well as some code that uses a different (perhaps slower) algorithm and leave it up to the customer to work out a licensing agreement with the patent holder if he wishes to use the patented algorithm? I really like the implications of this! If one of the points of a patent is to make the patented material public knowledge, then presumably there aren't any limitations on distribution of the patent documentation--including the source code! In effect this would mean that patenting an algorithm would virtually make it shareware. I love it! -- Russ Abbott@itro3.aero.org