> -----Original Message----- > From: IBM Mainframe Discussion List > [mailto:[EMAIL PROTECTED] On Behalf Of Kelman, Tom > Sent: Tuesday, August 19, 2008 11:15 AM > To: [email protected] > Subject: Re: Unbelievable Patent for JCL > > Ok, I've followed this thread through and I also question this being a > patentable item. What actually constitutes patentable > material anyway?
Anything you can get away with. After all, if you get the patent, you have a government enforced monopoly. If you don't get the patent, you only waste some money. And the PTO has historically been very loose about granting software patents. > I would have thought that as a software process this might fall under > copyright law but not under patent law. Also, some one mentioned the > word Olympics being patented. Actually that would be a trademark as > defined here. Historically, software was copyrighted or "trade secret". But some court case in the US really messed that up (don't remember the case name). Since then, software patents have been pretty much a "free ride". Only recently have the courts started getting after frivolous software patents. Imagine, if you will, what would have happened if software patents had been around in the MVT days. The only scheduling package would likely be CA-7. The only tape management package would be CA-1. And, if properly written, the patent for those would be so broad as to have exclude similar functionality on non-MVT/MVS systems! > > http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm > > > > > Tom Kelman -- John McKown Senior Systems Programmer HealthMarkets Keeping the Promise of Affordable Coverage Administrative Services Group Information Technology The information contained in this e-mail message may be privileged and/or confidential. It is for intended addressee(s) only. If you are not the intended recipient, you are hereby notified that any disclosure, reproduction, distribution or other use of this communication is strictly prohibited and could, in certain circumstances, be a criminal offense. If you have received this e-mail in error, please notify the sender by reply and delete this message without copying or disclosing it. ---------------------------------------------------------------------- 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
