I am firmly opposed to software patents.

Whether IBM will prevail in its patent infringement assertions is a big
question.

Personally, I would like to see a court invalidate all software patents.

However, I remain committed to my belief that IBM will prevail in its
assertion that PSI violated the terms of the IBM licensing agreement.

Of course, PSI could attempt to make a case that the IBM licensing agreement
is invalid on its face in that it is anticompetitive in that it effectively
prohibits Just-In-Time (JIT) compilation.

It is hard to judge how a court might view such an assertion.

In any case, I doubt that PSI has sufficiently deep pockets to wage such a
case to its ultimate conclusion.

Whatever happens, it will be interesting to watch.

John P Baker
Software Engineer

> 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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