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You could use the algorithms, just not their implementation of the algorithms. If you rewrote it from scratch, following their text (not their source code), yo

You could use the algorithms, just not their implementation of the algorithms. If you rewrote it from scratch, following their text (not their source code), you were fully allowed to use it.

hackinthebochs 7y ago
I'm curious how this works in the case of reinvention. Some algorithms are so simple that there is basically one canonical way of writing it. I'm assuming copyright doesn't cover the independent implementation in such cases?
- ww520 7y ago
  Reinvention is ok in term of copyright. Patent would prohibit it.
  - SteveNuts 7y ago
    What would happen if I patented "left pad" in a bunch of languages?
    - thayne 7y ago
      it would be an invalid patent (or at least should be), because 1. There is prior art 2. it is obvious to a domain expert But given the US patent office's track record, I wouldn't be too surprised if you were able to get a patent. Just don't expect it to hold up in court.
      - philpem 7y ago
        But then, if you're patent trolling - does it even need to hold up in court? IF cost_of_settlement < cost_of_court_action THEN pay_up(); /* ? */
        thayne 7y ago
        Yep. Until you threaten someone willing to stand up to it, even if it is expensive.
    - OOPMan 7y ago
      The patent would get thrown out on review
      - rurban 7y ago
        Not if you avoid the common names and invent a new name for it. Nowadays they are just doing some searches and patent granted.
    - pnw_hazor 7y ago
      Behold the three pillars of IP protection. Copyright protects the What (tangible creative works, such as, printed publications, movies, sound recordings, source code, and so on) Trademark protects the Who (who made this service or product) Patent protects the How (how does this widget do what is does)
    - matharmin 7y ago
      Code cannot be patented - copyright covers that. Patents on software are not that simple - it needs to describe an entire physical system that gives value to a user, not just an abstract function that does computation.
    - CryptoBanker 7y ago
      Your patent would be rejected presumably
jrochkind1 7y ago
Hypothetically, until we get to Google v. Oracle, and now really nobody has any idea what the hell is going on.

You could use the algorithms, just not their implementation of the algorithms. If you rewrote it from scratch, following their text (not their source code), you were fully allowed to use it.

hackinthebochs 7y ago

I'm curious how this works in the case of reinvention. Some algorithms are so simple that there is basically one canonical way of writing it. I'm assuming copyright doesn't cover the independent implementation in such cases?

ww520 7y ago
Reinvention is ok in term of copyright. Patent would prohibit it.
- SteveNuts 7y ago
  What would happen if I patented "left pad" in a bunch of languages?
  - thayne 7y ago
    it would be an invalid patent (or at least should be), because 1. There is prior art 2. it is obvious to a domain expert But given the US patent office's track record, I wouldn't be too surprised if you were able to get a patent. Just don't expect it to hold up in court.
    - philpem 7y ago
      But then, if you're patent trolling - does it even need to hold up in court? IF cost_of_settlement < cost_of_court_action THEN pay_up(); /* ? */
      - thayne 7y ago
        Yep. Until you threaten someone willing to stand up to it, even if it is expensive.
  - OOPMan 7y ago
    The patent would get thrown out on review
    - rurban 7y ago
      Not if you avoid the common names and invent a new name for it. Nowadays they are just doing some searches and patent granted.
  - pnw_hazor 7y ago
    Behold the three pillars of IP protection. Copyright protects the What (tangible creative works, such as, printed publications, movies, sound recordings, source code, and so on) Trademark protects the Who (who made this service or product) Patent protects the How (how does this widget do what is does)
  - matharmin 7y ago
    Code cannot be patented - copyright covers that. Patents on software are not that simple - it needs to describe an entire physical system that gives value to a user, not just an abstract function that does computation.
  - CryptoBanker 7y ago
    Your patent would be rejected presumably

jrochkind1 7y ago

Hypothetically, until we get to Google v. Oracle, and now really nobody has any idea what the hell is going on.