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[LUG] Patents and ports

 

Help please:

I'm searching for a form of words that confines an invention to a specific set 
of groups. If a program is to be patented on Windows, I believe that the 
implementation of a compatible or equivalent program on a different 
architecture, operating system, platform or subsystem cannot infringe the 
patent because the process of creating a ported program to an unsupported 
architecture itself involves a new inventive step. In essence:

"Implementation of a software solution on a platform or architecture NOT 
itself supported by the claimed invention is a separate contribution and is 
excluded from the claimed invention."

It is both a new inventive step and a declaration of prior art against any 
subsequent implementation on that platform or architecture.

It is still incomplete though because it does not protect against a cynical 
non-free release on a GNU platform. It wouldn't have to be accepted, it would 
just have to show that the platform is supported.

What I want to avoid is a patent on a program written in VB or C# on WinXP 
being used to pursue developers of a program written in Python, C or Lua on 
GNU.

I've seen some terrible patents where the software used to control the buttons 
in a hotel lift can be used against the OK button in an application window!

Or implementing a print manager in a printhouse environment impacts on people 
printing their own documents on their own paper with ink purchased from their 
own pocket!

This cross-platform, cross-language stuff is ridiculous and completely 
contrary to how software is developed.

The other feature of this is that it requires the software to be READY (or at 
least written) when the patent is filed - it should reduce 'blocking' patents 
where a company patents the invention but lacks the desire to develop it. The 
company then sites on the patent, hoping that someone with more cash will 
stumble into their bear trap. Hey presto, the big company either licences 
their software under the patent or buys the patent - either way, the patent 
holder is quids in.

It's a costly version of domain-sitting and should be prevented.

Anyone got ideas on improving it?

-- 

Neil Williams
=============
http://www.dcglug.org.uk/
http://www.nosoftwarepatents.com/
http://sourceforge.net/projects/isbnsearch/
http://www.neil.williamsleesmill.me.uk/
http://www.biglumber.com/x/web?qs=0x8801094A28BCB3E3

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