On Apr 26, 2009, at 7:24 AM, (Ted Harding) wrote:
On 24-Apr-09 16:53:04, Stavros Macrakis wrote:
On Thu, Apr 23, 2009 at 8:54 PM, Ted Harding
<ted.hard...@manchester.ac.uk> wrote:
[...]
...inspires someone to incorporate the same language extension
into a GPL'd FORTRAN interpreter/compiler. I think I could then
be vulnerable, or they could, on the grounds that I/they had pinched
the idea from the commercial product.
Unless you have a confidentiality agreement of some kind, or the idea
is covered by a patent, you can pinch any ideas you like from other
products. Copyright law does not cover ideas.
Well, I'm not so sure about that ...
Ted, the key word here is "copyright" law. That is entirely different
from patents and IP (that was Stavros' point I think).
Cheers,
Simon
back in 2002/2003, National
Instrument sued the MathWorks (MatLab proprietors) on the grounds
that the MathWorks Simulink graphical development tool infringed
on National Instruments' patented rights in such an idea. NI's
implementation is embodied in their LabVIEW tool.
In both cases, the tool consists of 'data flow diagrams' drawn on
screen under the user's mouse control, using icons, with the ability
to associate data structures and code with the nodes and the links.
On my reading of it, it was the *idea* of using such a graphical
interface itself which National Instruments claimed to have patented,
namely
The technology of the patents in suit concerns the creation
of model systems (generally known as "data flow diagrams")
through building diagrams on a computer screen by pointing
and clicking with a mouse, rather than writing traditional
lines of code. ...
The patent claims (long, and hoghly detailed) can be read at
http://www.freepatentsonline.com/4901221.html
http://www.freepatentsonline.com/4914568.html
http://www.freepatentsonline.com/5301336.html
The Mathworks lost, and it went to appeal. Mathworks also lost the
appeal. The Appeal Court's opinion can be read at
http://cafc.bna.com/03-1540.pdf
And the best of luck ... As I said before, I am not a lawyer and
tend to get bewildered by their use of language; but others may end
up more sure about this topic!
Ted.
...Or maybe the GPL doesn't inhibit you
from using *ideas* and *features* of GPL software, provided you
implement them yourself and in your own way?
The GPL does not and cannot restrict reimplementations of ideas and
features.
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E-Mail: (Ted Harding) <ted.hard...@manchester.ac.uk>
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Date: 26-Apr-09 Time: 12:24:16
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