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Since computer code facilitates a process rather than intellectual property, why isn't patented rather than copywritten?

Date: 2001-10-25 08:10 am (UTC)From: [identity profile] lonita.livejournal.com
I would assume that a good bit of it probably is.

Date: 2001-10-25 08:17 am (UTC)From: [identity profile] melonaise.livejournal.com
Wow, you're right. I'm still confused as to the difference between copyright and patent when it comes to software, but here are some resources:

http://www.eff.org/Intellectual_property/

Date: 2001-10-28 02:33 pm (UTC)From: [identity profile] lonita.livejournal.com
Thank you for the link. :>

Date: 2001-10-25 08:37 am (UTC)From: [identity profile] banana.livejournal.com
Without having read the stuff that [livejournal.com profile] melonaise posted, I'd say that the ideas can be patented because they're inventions, but the program code is the expression of an idea, which can be copyright. The way I express some algorithm is my own, except it's my job, so my employer gets the copyright.

Date: 2001-10-25 08:50 am (UTC)From: [identity profile] vlinker.livejournal.com
indeed so!.....

besides, the patent office does not adequately research patent claims and they would be totally overwrought if they had to look at code.........

Date: 2001-10-25 08:52 am (UTC)From: [identity profile] low-delta.livejournal.com
But you invented a way to reach an outcome. There are different ways to prevent material from building up above a sprocket tooth, but I've got a patent pending for one of them.

Ideas must have a practical use.

Date: 2001-10-25 09:17 am (UTC)From: [identity profile] banana.livejournal.com
Hmm - I'd say that you can have a patent on your idea for how to solve the sprocket problem, provided you have a different solution to anyone else before you.

If there were a well known way to keep sprocket teeth clean, and you made something using that method, but you made it light green filligree instead of solid, you might have a case for copyright on your version...

It can be a pretty fine distinction between what's a different idea and what's a different expression of the same idea, but without that sort of distinction, lawyers would go hungry, which might upset some people...

Date: 2001-10-25 09:33 am (UTC)From: [identity profile] vlinker.livejournal.com
your patent will allow others to know how to clean sprocket teeth.......and should you think that they are infringing........it will allow your lawyers to make a bunch of money........

and.......if you are a very small company and the infringer is a very large company, the golden rule will be hard to beat........you can do the court thing......but that's a crapshoot.......

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