On 12/25/2010 10:59 AM, Tim Cook wrote:


On Sat, Dec 25, 2010 at 8:25 AM, Edward Ned Harvey <opensolarisisdeadlongliveopensola...@nedharvey.com <mailto:opensolarisisdeadlongliveopensola...@nedharvey.com>> wrote:

    > From: zfs-discuss-boun...@opensolaris.org
    <mailto:zfs-discuss-boun...@opensolaris.org> [mailto:zfs-discuss-
    <mailto:zfs-discuss->
    > boun...@opensolaris.org <mailto:boun...@opensolaris.org>] On
    Behalf Of Joerg Schilling
    >
    > And people should note that Netapp filed their patents starting
    from 1993.
    > This
    > is 5 years after I started to develop WOFS, which is copy on
    write. This
    still
    >
    > In any case, this is 20 year old technology. Aren't patents
    something to
    > protect new ideas?

    Boy, those guys must be really dumb to waste their time filing billion
    dollar lawsuits, protecting 20-year old technology, when it's so
    obvious
    that you and other people clearly invented it before them, and all
    the money
    they waste on lawyers can never achieve anything.  They should all
    fire
    themselves.  And anybody who defends against it can safely hire a law
    student for $20/hr to represent them, and just pull out your
    documents as
    defense, because that's so easy.

    Plus, as you said, the technology is so old, it should be
    worthless by now.
    Why are we all wasting our time in this list talking about
    irrelevant old
    technology, anyway?




Indeed. Isn't the Oracle database itself at least 20 years old? And Windows? And Solaris itself? All the employees of those companies should probably just start donating their time for free instead of collecting a paycheck since it's quite obvious they should no longer be able to charge for their product.

What I find most entertaining is all the armchair lawyers on this mailing list that think they've got prior art when THEY'VE NEVER EVEN SEEN THE CODE IN QUESTION!


--Tim
Well...

I've read Joerg's paper, and I've read several of the patents in question, and nowhere around is there any real code. A bit of pseudo-code and some math, but no full, working code. And, granted that I'm not a IP lawyer, but it does look like Joerg's work is prior art (and, given that the standard is supposed to be what someone in the industry would consider obvious, based on their knowledge, and I think I qualify). Which all points to the real problem of software patents - they're really patents on IDEAS, not on a specific implementation. Who the moron was that really though that was OK (yes, I know who specifically, but in general...) should be shot.

Copyright is fine or protecting software work, but patents?

Joerg - your paper used to be available here (which is where I read it awhile ago), but not anymore: http://www.fokus.gmd.de/research/cc/glone/employees/joerg.schilling/private/wofs.ps.gz

Is there a better location? (and, a full English translation? I read it in German, but my German is maybe at 7th-grade level, so I might have missed some subtleties...)

[As obvious as it is, it should be pointed out, I'm making these statements as 
a very personal opinion, and I'm certain Oracle wouldn't have the same one. I 
in no way represent Oracle.]

--
Erik Trimble
Java System Support
Mailstop:  usca22-123
Phone:  x17195
Santa Clara, CA
Timezone: US/Pacific (GMT-0800)

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