In a recent note, Charles Mills said:

> Date:         Thu, 14 Dec 2006 14:58:46 -0800
> 
> Waaaaay OT, but FWIW, Whelan v. Jaslow ruled that copyright protected code
> re-written from one programming language to another. As I recall the case,
> it was a transcription from IBM Series/1 EDX to something else, maybe PC
> Pascal. And the plaintiff was able to show that "dead" code that was never
> called and could not be reached and therefore had no function had been
> ported, showing clearly that the "expression" had been stolen.
> 
As I perceive it, the "software" in "software patent" ought to be
a nullity.  You have advanced an idea or process for protection
of intellectual property; it shouldn't be bound to software
expressions.  If you succeed in your pursuit of a patent, you
should be protected against a harware implementation of your
process; perhaps even mechanical, using cams and ratchets -- Babbage
technology.  Likewise, you should be protected against my
implementing it using a quill pen, tannin-bark ink, and parchment.

-- gil
-- 
StorageTek
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