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Inventor says Google is patenting work he put in the public domain

arstechnica.com

71–80 of 217 posts

Re: Inventor says Google is patenting work he put in the public domain

#71
post #3

But 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.

Unless they wrote their claims differently.

Re: Inventor says Google is patenting work he put in the public domain

#72
post #9

Another 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.

What’s the difference between an invention and an idea?

Re: Inventor says Google is patenting work he put in the public domain

#73
post #5

What 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.

I explicitly put some code samples under CC0 because I want people to feel complete freedom to copy and paste the code without needing to maintain attribution or worry about licensing compatibility.

For example: https://jsfiddle.net/rectang/fwto2ejh/

The CC0 dedication is at the bottom; you have to scroll to it.

I chose to slightly modify the CC0 dedication for this to comport with the fact that you won't receive a copy of CC0 with the materials. I didn't like having to do that and wish that Creative Commons would provide an official accommodation. I'm reasonably confident that my change won't materially affect a future court case over my code though. :)

ETA: I strongly recommend that other people DO NOT change dedications. I'm reasonably educated on these topics for a layperson, but not a lawyer. I mentioned the change as a warning that my dedication should not be considered a CC-approved template.

Re: Inventor says Google is patenting work he put in the public domain

#74

The US used to have a great First-To-Invent patent system. It disappointingly switched to First-To-File in 2013 and these patents you are seeing are the result. With FTI Google could use the compression technique without filing because if someone else later filed Google could show that they had reduced it to practice first. However with FTF, any technology Google might potentially use in the future, they must file a…

Almost everything you just said is incorrect.

Re: Inventor says Google is patenting work he put in the public domain

#75
post #73
post #5

What 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.

I explicitly put some code samples under CC0 because I want people to feel complete freedom to copy and paste the code without needing to maintain attribution or worry about licensing compatibility. For example: https://jsfiddle.net/rectang/fwto2ejh/ The CC0 dedication is at the bottom; you have to scroll to it. I chose to slightly modify the CC0 dedication for this to comport with the fact that you won't receive a c…

Can you elaborate on why this is advantageous to the situation in the article?

Re: Inventor says Google is patenting work he put in the public domain

#76

Earlier quoted context omitted.

Corporations do not act with goodwill, and those that do are often not successful corporations for long, as others take advantage of them. Remember that every time you see a corporation seemingly acting selflessly, either you don't realize how it benefits them, or its just a public relations play. But corporations always act in self-interest.

You act like self-interest is black and white. Oracle persues profit at any expense, often via lawsuits. Google uses patents as a defense mechanism against other companies. Both are self-interest, but very different degrees.

Google isn't persuing profit via lawsuits... yet. Google is well positioned to patent troll when it stops being the top dog. In fact, Google already has Patent Shield, which provides a latent threat that if you leave their umbrella they can turn around and sue a company that used to use their services.

Even if you have unwavering faith in a company's current leadership, when that leadership is not making money, they will be replaced by someone who is. So if the possibility to patent troll exists, eventually, it will.

Re: Inventor says Google is patenting work he put in the public domain

#77
post #10

Earlier quoted context omitted.

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 s…

> the author should have patented the idea, then freely licensed it This is the brutal truth of how crappy our current patent mechanisms are. The definition of what constitutes a patentable extension to practice of ideas that are well known or explicitly in the public domain is very weak. So, until something is patented and actively protected by bulldog lawyers, there is a risk of someone else trying to umbrella it i…

The only solution to put an end to the current patent system is to overload it. The equivalent of a DDos attack. Companies should file as many frivolous patent as they possibly can. Eventually, we'll have all the IP lawyers at 100% CPU and the world will be a much better place.

Re: Inventor says Google is patenting work he put in the public domain

#78
post #13

Earlier quoted context omitted.

How about an “On the record” public domain dedication where dates, code, issues, wiki, etc are a matter of public record and establish legal grounds of prior art for countering patent issues like this?

I remember reading that IBM once did just that. I think they submitted something to the US Patent Office, but I cannot remember the reference. Might have been in the 360 days.

Yes - Technical Disclosure Bulletins[0]

-- [0] https://en.wikipedia.org/wiki/IBM_Technical_Disclosure_Bulle...

Re: Inventor says Google is patenting work he put in the public domain

#79
post #15

intellectual property shouldn't exist.

Intellectual property done right puts bread on the table of many researchers and engineers and is arguably a protection agains't direct Chinese theft. That being said, Google is really turning into a monster at this point with all their patents on random algorithms.

Is that an opinion, or a peer-reviewed scientific conclusion? Just curious.

Re: Inventor says Google is patenting work he put in the public domain

#80
post #7
post #3

Earlier quoted context omitted.

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.

What's missing in this win-win equation is Google's image. It's another instance of Google getting lots of negative press, where they are portrayed as the bad guys. So whatever the patent outcome, with respect to their image, Google is certainly not winning.
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