> -----Original Message-----
> From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On
> Behalf Of Tom Moulder
> Sent: Tuesday, December 12, 2006 10:47 AM
> To: [email protected]
> Subject: Re: IBM sues maker of Intel-based Mainframe clones
> 
/snip/
> 
> Nor am I a lawyer, but it would appear to me that PSI lawyers could also
> attack the patent itself as being justified.  After all, how many ways can
> there be to round a number to the nearest integer?  Could you properly
> require every hardware manufacturer to come up with a new means for
> rounding?  And, why hasn't IBM gone after HP or SUN or anyone that uses a
> computer to round?  How about my TI calculator?  Does it round also?
> 
> Tom Moulder

Please remember that the US Patent office also granted a patent for the
blinking cursor, because it utilized an innovative non-obvious application
of the mathematical exclusive-OR concept.

I patented a data compression process, and I saw how the sausage was made
at the patent office. For many reasons, I think patenting software is a
very bad idea. I think copyright protections are stronger and easier to
enforce. Software patents are mostly for Public Relations and marketing.

Anyone adequately educated in the art of software development could invent
most of the patented software processes. A developer's only limiting reason
is motivation. Necessity is the mother of invention. Unfortunately, most of
the patent reviewers are not well-versed in commercial software development.
What seems innovation and non-obvious to them is quite the opposite to real
software developers that write code for a living.

Just-In-Time (JIT) code translation is everywhere and it has been around
for a long time. Translating copyrighted software from one executable form
into another (transient) executable form without exposing the target form to
the outside world doesn't dilute the value of that software, IMHO. I think
there is viable adversarial battle, and shining a bright light on both
parties can only help the mainframe market.

Jeffrey D. Smith
Principal Product Architect
Farsight Systems Corporation
700 KEN PRATT BLVD. #204-159
LONGMONT, CO 80501-6452
303-774-9381 direct
303-484-6170 FAX
http://www.farsight-systems.com/
comments are invited on my encryption project

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