Inventor says Google is patenting work he put in the public domain
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Re: Inventor says Google is patenting work he put in the public domain
#2But this is a bit of a dark area. Even if Google stopped pursuing the patent, who is to say that someone else wouldn't?
Re: Inventor says Google is patenting work he put in the public domain
#3But this is a bit of a dark area. Even if Google stopped pursuing the patent, who is to say that someone else wouldn't?
A court ruling against someone patenting this would strongly discourage anyone else from trying.
Re: Inventor says Google is patenting work he put in the public domain
#4Isn’t it already published then?
Re: Inventor says Google is patenting work he put in the public domain
#5What is the relative advantage of putting something into the public domain versus releasing under an Apache 2 or MIT license? The latter doesn’t restrict anyone’s use AND establishes a public record to refute what Google is trying to do. Additionally, communications by email could be via GitHub issues and open to all to see.
Re: Inventor says Google is patenting work he put in the public domain
#6What is the relative advantage of putting something into the public domain versus releasing under an Apache 2 or MIT license? The latter doesn’t restrict anyone’s use AND establishes a public record to refute what Google is trying to do. Additionally, communications by email could be via GitHub issues and open to all to see.
Because it's algorithm and not code.
Re: Inventor says Google is patenting work he put in the public domain
#7But this is a bit of a dark area. Even if Google stopped pursuing the patent, who is to say that someone else wouldn't?
A court ruling against someone patenting this would strongly discourage anyone else from trying.
Thank you. Sounds like a win win scenario for Google. If the courts decide Google can't patent it, it probably means nobody else can either.
Re: Inventor says Google is patenting work he put in the public domain
#8Isn’t it already published then?
Yup. And if I had a nickel for every time a patent was granted despite the existence of prior art...
Re: Inventor says Google is patenting work he put in the public domain
#9Another example why software patents don't really work. Because most thing software patents cover are not really inventions but ideas. Also the written code is already protected via copyright. That is the difference to a eg. wind mill, the blue prints are only protected by a patent, not by copyright. And it effects only the implementation.
Re: Inventor says Google is patenting work he put in the public domain
#10What is the relative advantage of putting something into the public domain versus releasing under an Apache 2 or MIT license? The latter doesn’t restrict anyone’s use AND establishes a public record to refute what Google is trying to do. Additionally, communications by email could be via GitHub issues and open to all to see.
enedil is correct.
To expand on that: MIT and Apache2 grant a licence to copyrightable expression. But the literal code is not what is patented, the idea is. Granting a license to the code doesn't automatically prevent someone else from patenting the idea.
MIT doesn't say anything about patents. Apache2 additionally grants a licence to any patents which the author has which cover the work, and also tries to prevent someone using the work and then suing other people for patent infringement. But it does so by saying " any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed." Which is a null threat in this case, as the idea is to try to prevent there being a patent in the first place.
You could argue that the author should have patented the idea, and then freely licensed it. But since patents cost thousands each, that's a bit much to ask.