On Tue, Oct 20, 2009 at 9:22 PM, Christopher Wright <[email protected]>wrote:

> The actual agreement when you install the Developer Tools is probably the
>> most telling statement published statement about what you can or cannot do,
>> and the language used is very broad.
>>
>
>
> There was limited discussion on this on the thread a bit earlier:
>
>
> http://www.mail-archive.com/[email protected]/msg03571.html
>
> I would be surprised if apple-supplied virtual patches fell under different
> protection, but stranger things have happened...
>
> lawsuits over "simple math" are what software patents are all about , btw
> ;)


Thanks for the link. Oh, I see I already replied on that, and it dead ends
where I seek clarification on what exactly constitutes sample code. Is it
only code in the Developer Folder, system code, app code; what is the line?

As far as simple math and software patents; exactly. I would really love to
see a court case happen over something as trivial as QC unit to pixel
virtual patch, but Apple clearly holds that right, and has chosen to start
putting this quite visibly on many (if not all) of the patches.

That's why everyone has their eyes on certain cases that are ongoing over
patenting patently obvious concepts. I posit that there is still room for
proving creativity and true innovation in methods; it just that they are way
more rare than we would all like to think. The wheel and the printing press
are those kind of things, and the people that invented them are long gone.
James Morris developed lazy evaluation (
http://en.wikipedia.org/wiki/James_H._Morris ), but somehow someone else can
file a patent contingent upon it years later (raises eyebrow)? I digress.

What I balk at is that it seems like I have bought a system that has these
Developer Tools on them, and that things get seriously hamstrung if it
becomes more work to track what I can/cannot use than it actually takes to
program the stuff in the first place! I also kind of expect frameworks,
whether public or private to be able to be able to be used willy-nilly,
since I'm sending them to people that have OS X anyway.

Am I wrong, or hasn't it been suggested by Apple that it's ok to include
private frameworks in-app if your application relies on them, as the
frameworks might break on OS updates? I'm almost certain that I've read this
suggested in old notes at the ADC (though finding old links is totally
impossible now).

It also seems like some of the virtual patches may have updates in between
OS updates (though I'm not 100% sure), as there were prompts to "update" at
certain points, when opening older qtz's. It would be great to just be able
to use the version of a virtual patch "flattened" that we want to without
worrying about it changing, after going through the hoops to load it in an
app. The heavy reliance on virtual patches is inevitably going to make for
many problems, as people modify or move patches without being aware of the
ramifications. This is totally independent from legal issues.

I believe that some of them (the virtual patches and system compositions)
don't or didn't have copyright on them, but it doesn't really matter if they
are tagged with a copyright, as copyright is implicit in this case given the
user agreement (and that much is not opinion).

Lack of clarity on this = major bummer (Patent Applied For).

-George Toledo
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