James Richard Tyrer wrote:
Jeff Garzik wrote:
OpenGL is an API.
It is more than just an API, it also includes the pixel pipeline
methodology. Part of it is patented and used under a free license.
This makes it even harder for a company to try to patent the method.
There are 1,000,000 implementation details in any OpenGL implementation
which might be patented.
It does not follow that, if one or two details are patented (with a
patent grant, perhaps), the other 999,998 details cannot be patented.
So the statement "harder for a company to try to patent the method" is
non-sensical, because there is no "the method."
Its the implementation details (software and hardware) which are
patented.
Exactly my point except that I suspect that some of the driver software
in not patentable (due to prior art perhaps) and therefore is kept as a
trade secret.
Agreed with your statement here -- but your repeated claim of "OpenGL is
prior art" is largely a non-issue.
Trying to claim that OpenGL is prior art that invalidates ATI/NV
patents will get you laughed out of the room by any patent lawyer.
It is prior art for the software method. It does not invalidate
any implementation (hardware) patent. However, if I use a different
implementation to do exactly the same thing, there is no patent
infringement because OpenGL is prior art.
If you use a different implementation, there is no patent infringement
because it uses different methods and procedures. Prior art is a non-issue.
Further, there is no "one true way" to implementation software
rasterization. Thus the statement "OpenGL is prior art" is largely
non-sensical. It depends on each software implementation, whether or
not it infringes on patents.
OTOH, you apparently can patent anything. See for example:
No examples needed. 100% agreed... Microsoft patented the PATH shell
variable, and the Visual Basic 'not' language element.
Jeff
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