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Re: [OT-ish] IGPL - Idea General Public Licence



On Thu, 28 Aug 2003 18:47:38 -0500, 
John Hasler <john@dhh.gt.org> wrote in message 
<[🔎] 87fzjlbazp.fsf@toncho.dhh.gt.org>:

> Hubert Chan writes:
> > Ideas cannot be copyrighted.  In order to protect an idea, you need
> > to patent it...
> 
> You are not supposed to be able to patent an idea either. 
> Unfortunately the distinction between an idea and an invention escapes
> the USPTO (and most judges as well).

..in civilized countries however, ideas can be patented if, and 
_only_ if:  1. they indeed are new, _and_ 2. provide a reproducible 
technical effect _and_ 3. this reproducible technical effect is a 
product of _either_ 4a. a new method (such as an hand grenade for 
fishing) _or_ 4b. a new tool (such a laser gun for fishing), _and_
if 5. the anyone reasonably knowledgeable with prior art in the 
relevant technical field, can reproduce the technical effect by 
combining prior art with the patented idea _for_ 6. commercial or 
governmental use.

..fair use is allowed, as is innovation in the field, a new 
competing idea to (re)produce the same technical effect, must 
be _different_ in either methodics _or_ introduce a new tool.

..whether or not patentable ideas are viable commercially, is 
consequently _irrelevant_ in all civilized jurisdictions, as 
commerciability is not a technological effect on anything

..this means that "software patents" can only cover methods or 
tools if they are part of the means to reproduce the technical 
effect, because and _only_ because said method or tool needs 
_that_ software, and is null and void as soon as anyone writes 
_another_ piece of software to replace "_that_" software.

..ditto for "biz patents" covering business methodics, the ideas 
in these can be used legally by copycat competitors to beat the 
original out of business.  And the copycats are usually denied 
access to the original, say, franchise chains resources, such 
as logos, again legally.

..furthermore, anyone may use, say, IBM logo, to, say, organize 
a boycott on IBM, or Tux to lobby a ban on Linux, as long as it 
is clear that the boycott lobbyists does not use said logos to 
represent themselves as IBM or pro-Linux, if they use said logos 
to represent themselves as anti-IBM or anti-Linux, or for spite 
or ridicule, this is all 'fair use' under the law;  Microsoft 
may _legally_ use Tux to ask the American Public "You saw the 
Twin Towers fall; Who has cost America the most, Microsoft, 
al-Quaeda or this stupid bird?".  ;-)


..however, _expressions_ of ideas, such as a book, or a logo, or 
software, are covered by copyright law, and can only be covered 
by copyright law.  "2+2" is just _one_ way to express "4", and 
it is an _old_ way.

.._expressions_ of ideas, such as books, or logos, or software 
covered by copyright law, are usually also covered by contract 
law, because most people don't write everything damned they need, 
they buy stuff, and usually under contracts.  Contract law allows 
the Microsoft EULA to limit their buyers, their rights under copyright 
law to use what they paid for, and under the GPL, it is used to 
expand some rights under copyright law and to limit other rights, 
under both copyright law and contract law;  "You may sell my software 
under the GPL, if and only if, you give me your source so I can sell 
your software under the GPL.".

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;-)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.



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