Re: [offtopic] Re: CocaCola not really a secret

Joseph Malicki (jmalicki@geocities.com)
Thu, 09 Apr 1998 23:13:53 -0400


xombi@accessus.net wrote:

> On Sun, 5 Apr 1998, MOLNAR Ingo wrote:
>
> > On 5 Apr 1998, Chris Adams wrote:
> >
> > > The formula for Coca-Cola has never been patented, because then it would
> > > be made public. When you patent something, it is published. Think
> > > about it: how else could people know if they are infringing?
>
> > > The formula for Coca-Cola is a trade secret. If it is ever "leaked",
> > > then whoever leaked it will be in big trouble, but once it is public,
> > > anyone can use it.
>
> And the difference between a trade secret and a patent is big, as patents only
> apply to unique mechanical designs and "drink mixtures" don't qualify....
>
> To keep this on topic, it's important to point out that "software" CANNOT be
> patented, it can only be copyrighted. Hardware CAN be patented. Most
> commercial software (meaning no source, of course) is still technically a
> trade secret tho, isn't it, even when copyrighted?

I don't claim to be a copyright expert, but AFAIK, while an individual software
package cannot be patented, an ALGORITHM can..... isn't that what the whole big
thing about GIF code being taken out of shareware programs several years ago?

Joe Malicki

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