[citw150] CITW 150 L3 Q5

  • From: Scott Sullivan <scottgregorysullivan@xxxxxxxxx>
  • To: citw150@xxxxxxxxxxxxx
  • Date: Fri, 17 Feb 2006 12:24:50 -0800 (PST)

  According to the US Patent and Trademark office, a patent is the set of 
exclusive rights granted by a government to a person for a fixed period of time 
in exchange for the regulated, public disclosure of certain details of the 
invention. The person applying for the patent doesn?t have to be the person who 
created the invention. Some large companies are known to abuse patents. 
Software patents have become quite controversial, to the point where many are 
fighting these types of patents. Microsoft specifically posses numerous 
software patents. Microsoft says that they are merely protecting their 
intellectual property rights, but are they? Microsoft has attempted many 
software patents, but perhaps one of the most ridiculous attempts dealt with 
Command Line Macros. More specifically, they were trying to patent the ?Method 
and system for processing input from a command line interface?. 
  This is ridiculous because of just how basic this technology is. According to 
their claims this patent covers any method for accepting input from a command 
line interface where the input consists of a macro. This includes replacing the 
macro with a command and executing the command. To put this into perspective, 
the Bash shell commonly found on UNIX machines uses such technologies 
frequently. For example a command such as ls ?script? would infringe on this 
patent. This is because that command will execute ?script?, get the output, and 
replace the back quoted parameter with that output. The subjective part is that 
Bash has used such technologies long before Microsoft ever had.  You can find 
more information on this patent here:
  
http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220040216138%22.PGNR.&OS=DN/20040216138&RS=DN/20040216138
  This site has numerous examples of Microsoft?s abusive software patent 
behavior:
  http://lawgeek.typepad.com/lawgeek/silly_patents_trix_are_for_kids/
  Software patents are bad for numerous reason?s but the most important reason 
(to me) is that it limit?s competition and innovation in the software industry. 
Many software developers work for little or no profit such as open source 
developers. Such developers don?t work for the money, but rather for the joy of 
developing great software. A few good examples of such developers are the 
maintainers of the Linux kernel, GNU developers, and the Mozilla Foundation. 
These groups all are non-profit and just work to deliver great software for the 
masses. Organizations such as Microsoft only file software patents to limit 
competition. Microsoft relies on things like patents to ensure its monopoly, 
rather than the quality of their own software.

--Scott Sullivan
 

"The philosophy of one century is the common sense of the next." --Henry Ward 
Beecher
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