Re: [Exim] Is exim in trouble?

----- Original Message -----
From: "Wakko Warner" <wakko@???>
To: "Ben-Nes Michael" <miki@???>
Cc: <exim-users@???>
Sent: Sunday, August 31, 2003 3:11 PM
Subject: Re: [Exim] Is exim in trouble?


> > It might but what can they do ?
> > 1. prove that the code was there in the first place
> > 2. they are the first to wrote it
> > 3. the author took their code while knowing he doing wrong.
>
> I'm not talking copyright. I believe there's a difference. I'm talking
> about patenting how it works. Like people can patent the process of making
> something.
>
> > Even then what will they get ? reminds me SCO & Linux
> >
> > SCO wants some money + publicity so they use Popular open-source to get it
> > with lame excuses :)
>
> Really don't think this is the same thing. They're talking about code
> theft (which I doubt actually happened anyway). I'm talking about patenting
> how something is supposed to work. Implementations can be written entirely
> different ways, but the end result could be identical.
>
> I really don't know that much on patents and copyright, but I believe
> they're not the same thing. If I'm wrong, someone can step in and correct
> me.
>

They are not the same thing. Copyright basically applies to words, artwork,
things that are "authored." (My own opinion is that code should fall in this
category.)

Patents can apply to methods. (I have one of those, btw).

I don't think a patent should apply to actual code; because There's Always
More Than One Way To Do It (TAMTOWTDI). For example, one could write the same
application in C, C++, Fortran 90, Assembly, etc. and it could be the same
fundamental algorithm! I think you could *copyright* the individual code
implementations, while you could only *patent* the underlying algorithm.

My patent, for example, covers both analog and digital implementations of the
underlying method.

Once an algorithm is in the public domain, there *should* be no way to patent
it, because it falls under "prior art." (But I wouldn't bet on lawyers
failing to find ways around this.)

In the U.S. we have a "first to invent" patent rule; AIUI most of the rest of
the world has a "first to file" rule. These can lead to very different
results!

Jim Roberts
Punster Productions, Inc.