-----Original Message----- From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On Behalf Of Jeffrey D. Smith Sent: Tuesday, December 12, 2006 3:46 PM To: [email protected] Subject: Re: IBM sues maker of Intel-based Mainframe clones <SNIP> Trade secrets are exactly what the name says. It's a secret, so it's not published anywhere. Patents, OTOH, are by definition published to provide constructive notice to the world. A patent applies to a implementation of a *process*, not to an idea. I believe that software is a written representation of an idea and not a process. It is the computer device that actually performs the process as directed by the software. I think extending the concept of "implementation" beyond physical hardware to the software was a mistake. <SNIP>
And here we have the crux of the matter. If I write a set of programs that allows a call center operator to key in 3 pieces of information and then hit the enter key (1 click), and billing data, shipping, etc. is all put together and with no further human intervention the charge is made (if any), the address for delivery is printed on a label (or whatever), etc. and the item now arrives at your home, then haven't I done what Amazon (or whoever) claimed for a patent for one click? BUT, what I did was covered by TRADE SECRET in the mid-80s for a news paper company. It can't be pulled up and cited by the PTO as "its already been done, patent denied". How about LLA? It was implemented on at least 1 S/370-158 that I know of in the LA basin under OS/MVS. Is it the next thing to be patented? Then there is the idea of putting multiple small files into a larger file to save disk space. So you get a patent for this. Anyone hear of PDS, PDS/E, or VSAM (which does this kind of thing with DOS), how about WINZIP? How about the software written for NASA to do this on UNIVAC systems under EXEC-8 (I wrote one). But M/S filed for such a patent. Patents for software have become WRONG. The longer I'm in this profession, the stronger this professional opinion is (not as a lawyer, but as a software developer). Later, Steve Thompson ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [EMAIL PROTECTED] with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
