Let me just emphasis one distinction that appears not to have been
appreciated. Patents are not issued for algorithms but only the
implementation of them, in an invention or process. The effect of this is
quite limiting and specific. You could still implement the same algorithm
for a different purpose. Arguably, when the form changes so too does the
purpose. So far this discussion seems to doing little to qualify the
difference between a mere possibility and a probability. It is a
possibility that IBM could target Hercules but not aprobability, and even
then, if it were, I don't see the claim being successful as even a
possibility.

What I see as likely is that the reason for behind generating a discussion
like this is to create ill will towards IBM, by arousing undue suspicions.

Regards, Craig

+61-2-9354-7283 tel +61-2-9354-7797 fax
Craig Vernon B.App.Sc. LL.B.
IBM Support Centre FB41
55 Coonara Ave
West Pennant Hills 2125
Sydney NSW Australia
Visit us at http://www.ibm.com/services/au/its

"You can not find a solution using the same thinking that created the
problem." - Albert EInstein

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                      Alan Cox
                      <[EMAIL PROTECTED]        To:       [EMAIL PROTECTED]
                      u.org.uk>                cc:
                      Sent by: Linux on        Subject:  Re: Hi there...
                      390 Port
                      <[EMAIL PROTECTED]
                      IST.EDU>


                      16/04/2002 07:38
                      PM
                      Please respond to
                      Linux on 390 Port





> now becoming quite serious in the EMC/Hitachi case.  The fatc that
Hercules'
> implementation of these features is in software and not in hardware
brings
> a fascinating aspect to bear.

Patents on software algorithms apply only in a tiny number of nations. At
worst Hercules would join the vast list of software, hardware and methods
of work that are allowed everywhere in the world but the USA.

And people wonder why so many companies are pulling out of the USA, or
moving their engineering operations elsewhere..

Alan

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