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The Supreme Court doesn't understand software

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Re: The Supreme Court doesn't understand software

#61

Earlier quoted context omitted.

I hadn't thought about TBL that way before. Do you have other examples to help make that point? I'm curious...

http://www.washingtonpost.com/blogs/the-switch/wp/2014/02/23... "The change represents a fundamental shift in power in the Internet economy that threatens to undermine the competitive market structure that have served Internet users so well for the past two decades" http://www.washingtonpost.com/blogs/the-switch/wp/2013/12/06... "But then, in the 1990s, a patent-friendly appeals court handed down a series of decision…

> I get that all these things resonate deeply with hackers. But Rush Limbaugh's broadcasts resonate deeply with his audience, too.

I don't see how you should be casting stones considering the rhetorical device you're employing right here.

He's super libertarian, for sure, and he writes about technology policy, so what did you expect? There is still legitimate content here, these are not techcrunch articles, and dismissing it like this is just weak.

Re: The Supreme Court doesn't understand software

#62

Earlier quoted context omitted.

The thing that allows you to post on this forum is the prior art computer hardware. The software only tells the hardware what you want it to do. Moreover, your formulation is erroneous. Concrete things can do abstract things. The fact that a particular braking system can slow down a car does nothing to establish that "slow down a car" is not an abstract idea. It clearly is an abstract idea.

> The thing that allows you to post on this forum is the prior art computer hardware. The software only tells the hardware what you want it to do. The software "only" tells the hardware what you want it do? That is the most important thing! Without software the hardware does absolutely squat. Here's another way to think about this: imagine you invented the lever. The thing that allows you to move heavy objects you co…

> Here's another way to think about this: imagine you invented the lever. The thing that allows you to move heavy objects you could not before, is the prior art of a log and a rock. The beam-and-fulcrum arrangement "only" tells the rock and log what to do.

I found a small rock and a stick and I told them to move a big rock but nothing happened. I think you need to do something more than communicate information to them to get them to produce leverage.

That's the fundamental difference with software. A computer takes an algorithm and an input and produces an output. For example, you might take an image decompression algorithm and a compressed image and produce raw pixel values. The important fact is that the algorithm and the compressed image and the uncompressed image are all purely information. It's the difference between knowing something and doing something. Computers cause information to be created, but information is not supposed to be patentable, and there is nothing else there to patent other than information.

> Non sequitur. Anything can be abstracted to an arbitrary degree. A very specific type of a screw with a very exact shape made of a very specific alloy can be abstractly defined as a "fastening component." That does not mean nothing is patentable.

No, but what it means is that if you're going to say "fastening component" instead of providing anything more specific, that should not be the only part of your claim directed to patentable subject matter.

> My point was precisely that the "abstract" that the court has in mind is very different from the "abstract" that we have in mind when talking about algorithms.

Even if that were true I'm not sure what it's supposed to prove. Algorithms are all different kinds of abstract. And as soon as you make them specific you're straight into mathematical formulas and laws of nature.

Re: The Supreme Court doesn't understand software

#63

Earlier quoted context omitted.

http://www.washingtonpost.com/blogs/the-switch/wp/2014/02/23... "The change represents a fundamental shift in power in the Internet economy that threatens to undermine the competitive market structure that have served Internet users so well for the past two decades" http://www.washingtonpost.com/blogs/the-switch/wp/2013/12/06... "But then, in the 1990s, a patent-friendly appeals court handed down a series of decision…

> I get that all these things resonate deeply with hackers. But Rush Limbaugh's broadcasts resonate deeply with his audience, too. I don't see how you should be casting stones considering the rhetorical device you're employing right here. He's super libertarian, for sure, and he writes about technology policy, so what did you expect? There is still legitimate content here, these are not techcrunch articles, and dismi…

I don't know what you mean by "legitimate content," but saying things like "prosecutors would have sought the maximum penalty (of 50 years)" is just wholly inaccurate. If you said that on HN during the daylight hours, eventually an adult would come around and correct you.

It's not merely "unlikely" that Swartz was going to get 50 years. It was impossible. He could have plead not guilty, and then taken the stand, answered every question with "LAWRENCE LESSIG SAID I AM SPECIAL, SO I AM ALLOWED TO GO WHEREVER I WANT" and he still would not have gotten even half that penalty. "It's not hard to imagine Swartz getting 10 years" says more about the speaker's imagination than any real reading of sentencing guidelines.

It's like an average-quality HN commenter got a journalism job and didn't bother actually learning things that disagree with his worldview. Saying "Swartz was facing 50 years!" sure gets the blood flowing, doesn't it?

Apparently our industry is "drowning" in legislation. Given the tremendous rise in power and salary for all players, I bet other industries wish they were "drowning" the same way we are.

Re: The Supreme Court doesn't understand software

#64

Earlier quoted context omitted.

> The thing that allows you to post on this forum is the prior art computer hardware. The software only tells the hardware what you want it to do. The software "only" tells the hardware what you want it do? That is the most important thing! Without software the hardware does absolutely squat. Here's another way to think about this: imagine you invented the lever. The thing that allows you to move heavy objects you co…

> Here's another way to think about this: imagine you invented the lever. The thing that allows you to move heavy objects you could not before, is the prior art of a log and a rock. The beam-and-fulcrum arrangement "only" tells the rock and log what to do. I found a small rock and a stick and I told them to move a big rock but nothing happened. I think you need to do something more than communicate information to the…

Apologies for the late reply, I check in infrequently.

>I found a small rock and a stick and I told them to move a big rock but nothing happened. I think you need to do something more than communicate information to them to get them to produce leverage.

Yes, you configure the log and rock to produce leverage. Just as you do a computer for it to do anything useful. You may think of it as "just information", but this configuration undoubtedly produces practical results via physical processes.

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