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Oh, to be clear, I'm not saying intellectual property is good or bad, or at least what I'm saying applies either way.

What I'm saying is that if you make an argument either way for one specific domain you should consider whether it's really an argument about that specific domain or if that's just the only one for which you thought this through.

People in tech are used to treating tech as a special case so it's worth considering whether you've really found the exception or just found out that you actually disagree with the rule. Sure, software patents seem special if you contrast them with ye olde fashioned mechanical device but that's arguing against a strawman.



I don't think they seem particularly special even then. Patenting an algorithm to be implemented by levers doesn't seem so categorically different from patenting one to be implemented by transistors.


No, they are different.

Read the automatic windshield wiper patents described in Flash of Genius. They provide circuit diagrams and explanations of why the wipers move faster when there's a lot of rain.


And you think it shouldn't have been patentable if it instead used a microcontroller to control the wipers even though the system is doing the same thing?


I should have noted that "patentable" as you're raising it is a 101 issue. It IS important, but not part of this article:

============== There are four main sections of the U.S. statute governing patentability, and you only ever read about the first and third:

101: Patentable subject matter (what you can patent)

102: Anticipation (someone else invented or described it)

103: Obviousness (two or more references, taken together, describe it)

112: Specification (here’s the statute)

Most of what you read is about 101: is software a “thing” or is it a “mathematical formula” and thus not patentable?


"patentable" ? maybe, and you'd have to disclose the source code.




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