Matt Riddell wrote:
trixter http://www.0xdecafbad.com wrote:
What specifically are they gonna license? That specific code or the
g.729 codec itself? Were software patents in the EU recently voted to
be invalid? That means that they can license a specific bit of code but
not the method for that code, which means that a 3rd party can write
their own g.729 codec and release that without paying the per seat
patent fee.
Unless that was just a dream I had a few months ago, which is just as
likely.
From: http://www.sipro.com/
Many companies believe that because the source code of a technology can be
accessed at nearly no charge, they can integrate it within their products
without considering intellectual property. They argue that since they possess
the code itself they certainly have the rights to use this technology.
Suppose I discover a much better method of balancing the checkbook. It
is such a great improvement over well-known methods that I truly deserve
the patent I get for it.
That means I can prevent you from using the method with pencil and
paper, with mechanical calculators and also with computer software. So I
don't need to patent any software, do I?
The underlying basis of a patent is new discovery of truth. The truth
existed before it was discovered. Throwing a rock at an attacking beast
was a new discovery of truth at one time. A method to get 50 kw of power
from 100 grams of household garbage per day might win you a patent. It
could be that your method will not be cost effective until long after
the patent expires but if it is a new discovery of truth you can apply
for a patent.
Inventors do not conjure things up or create them out of thin air. The
mathematical and scientific truths are what make the invention possible.
The inventor is an explorer and discoverer.
I really don't see how any government can afford to properly evaluate
patent applications with the fees they collect. They charge the same fee
for salad spinners and codecs.
I haven't seen any strong arguments here that the g.729 algorithm itself
is not deserving of a patent.
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