Brenda wrote:
> On Thursday 15 March 2007 16:56, Nick Rout wrote:
>   
>>> Writing source code does not qualify as developing a codec? Am I missing
>>> something? Distributing the source code doesn't give you any protection
>>> against patent law whatsoever, does it?
>>>       
>> I don't know how it is presumed to impact, but it is a common practice
>> with grey area software.
>>     
>
> Some consider source code as free speech and/or educational only.  (myself 
> included)
>
> I understand this complies with US law (maybe pre DMCA). I'm not sure how NZ 
> law would treat this.
>
> It requires the end user to finish the build themselves before it's can be 
> used to breech the patent.
>   

Carl Cerecke wrote:
> The source code is just instructions on how to do something, whereas
> the object code is....
> just instructions on how to do something (hopefully the same thing as
> what the corresponding source code specified).
>
> With instructions that involve physical properties (such as how to
> cook spaghetti, or how to speak effectively) the instructions alone
> don't get you very far. You need labour and possibly raw materials.
>
> With source (or object) code, the instructions are pretty-much
> everything.

But not quite. It still takes some labour. No raw materials perhaps, but
quite an expensive computer. The only difference is that the computer is
reusable.

> That's why people want to pay lawyers to protect their instructions.

I think people pay lawyers to protect their income.

> I think that, if you want to consider source code as free speech, you
> must necessarily consider compiled code as free speech also. There can
> be no clear distinction between the two.

Hear hear! Software patents are simply a Bad Idea. Mind you, if you
scratch the surface, hardware patents are a pretty bad idea too.

I can download the patent text itself. The language is English. I can
legally translate it into French. Can I legally translate it into C? I
believe so. Can I sell my French translation? Can I sell my C translation?

My limited understanding of patent law is that it only prevents me
_selling_ a patented idea. I'm still free to study it, modify, use it
myself, and republish it in modified form. On the surface of it, a
patent doesn't affect the freedom of software until you charge for a CD
- which few distributions do. This is at odds with the GPL, which does
allow open software to be sold.














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