Re: [offtopic] Re: CocaCola not really a secret
Dancer (dancer@brisnet.org.au)
Fri, 10 Apr 1998 14:37:56 +1000
Joseph Malicki wrote:
>
> 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?
Correct. Three countries perpetuate this absurdity: Japan, USA,
Switzerland (to the best of my most recent knowledge).
In Japan, for example, the method of using XOR to draw mouse-pointers
over backgrounds has been patented (about in 1989, I think) and everyone
there using that method must pay a licensing fee. Bizarre, yes. Stupid,
I know. But actually done.
In the USA, RSADSI have patented procedure for applying a mathematical
formula (an algorithm) which essentially binds up the RSA algorithm
under license until the patent expires. Having written code to that
algorithm (in this country, I hasten to point out), and having had the
patent documents next to me, comparing the steps, I couldn't find any
way to do it without infringing on the patent. They got that one pretty
tight.
For god's sake...someone patent adding 2 and 2 to manufacture the result
four. It's no _less_ absurd, and maybe all the license fees from the
education system, and PTA groups, might fund a battle against this
lunacy.
D
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