On Wednesday 03 October 2007 04:38:10 am Ryan R. Matt wrote: > Patents are totally separate from Copyrights. For a patent, you > need to show that the item being patented is new, useful, and > non-obvious. You also would have a patent registration number on > file with a nation's patent office. Copyrights don't have the same > requirements and therefore you can copyright a software algorithm.
This last sentence is most curious... that copyrights and patents have different requirements does not inexorably lead to the conclusion that you can "copyright a software algorithm." My understanding is that an algorithm is an "idea" not "expression"... a method, a process, a way of getting something done. The computer code is the expression of that algorithm, but they are two distinct entities. It is a generally accepted principle (although there are certain places in the case law where exceptions can be found) that ideas are protected by patents and expressions are protected by copyrights and the two do not overlap. Back to the license in question... they have a copyright in the expression of their algorithm, but unless they have gone through the process of patenting they do not hold a patent on the idea that is the algorithm, and thus anyone is free to re-implement that algorithm on their own. -Sean p.s. still can't say I am a lawyer, 'cause I still haven't ponied up the money to the Cali State Bar. -- Sean Kellogg e: [EMAIL PROTECTED] w: http://blog.probonogeek.org/ -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
