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 Post subject: To patent or not to patent, that is the (only) question.
PostPosted: Sun Apr 09, 2017 4:55 pm 
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To patent or not to patent, that is the (only) question.

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Mike Gonta
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Last edited by mikegonta on Tue Apr 11, 2017 11:40 am, edited 1 time in total.

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 Post subject: Re: To patent or not to patent, that is the (only) question.
PostPosted: Sun Apr 09, 2017 10:04 pm 
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Hi,

mikegonta wrote:


Most of this is misguided and/or wrong.

The patent system is intended to reward inventors (for investing in research and development, and for disclosing their ideas) by granting them an effective monopoly for a period of time (so they may make profit from their ideas); and allowing competitors to bypass patent protections by selling "do it yourself in one easy step kits" would completely ruin the patent system.

Software patents do exist (but whether or not they are enforceable, and how, varies in different countries).

I very much doubt there's any legal distinction between source code and native executable code - they are just different languages (that can be understood and executed by machines). Source code (that is transformed by machines into native code) is no different to native code (that is transformed by machines into micro-code).

I can only assume that your motivation is to fabricate excuses for violating Microsoft's patents, and to make yourself feel a little better about your continued worship of (Microsoft's variations of) Microsoft's worst file system.


Cheers,

Brendan

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 Post subject: Re: To patent or not to patent, that is the (only) question.
PostPosted: Sun Apr 09, 2017 11:32 pm 
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Quote:
If I give you or sell you software (either text to be compiled or an
already compiled binary executable) which contains features of the
patented "machine" no patents have been violated.

When you install this software on a PC (which constitutes the
manufacturing of the patented machine), for your own personal use no
patents have been violated since you are freely permitted to do so.

It is only when you install it on a device which you sell commercially,
that you require a patent agreement with the patent holder (which will
then involve the payment of royalties, etc).
I believe in most jurisdictions that the use of patented material must be BOTH private AND non-commercial for the exemption to apply. Therefore at the point where you 'give or sell' you have a problem.

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 Post subject: Re: To patent or not to patent, that is the (only) question.
PostPosted: Mon Apr 10, 2017 12:40 am 
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The emphasis on "commercial" use is completely wrong in UK law, as I understand it. Violation of a patent, whether for commercial or private use, is still a violation. In practice, the chances of a civil action being taken against an individual who violates a patent purely for his own use is unlikely. So, it is much like copyright in that respect. But the fact that you are unlikely to be prosecuted does not alter the immorality of unauthorised use.

If you want to violate someone's patent rights then do so, but don't try to justify it here.


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