Re: Commercial Use of Component

From: MikeB (m.byerleyATVerizonDottieNettie)
Date: 02/04/05


Date: Thu, 3 Feb 2005 20:13:26 -0500


>
> No it wouldn't. It would be a derived work.

  In spirit this would be true.. In practice and law, there is the concept of
infinite monkeys banging away on a keyboard eventually writting a meaningful
piece of software...

The complexity of the component would dictate how far from a coincidence it
would be that you would have written the Exact code to do the Exact function..

If you want to take the concept of the Component, then write your own code to
approximate its functionality, then you would have practically extricated
yourself from copying the original..

The fact that the original source code was provided would be evidence of the
original coders intent to educate you or anyone else of the concept of the
component and, you then, having learned from the experience, could well write
your own, without copying...

Were this not true, there would be millions of 3 line snippets in the US patent
office, setting patiently, awaiting a future day to sue all the rest of us for
using their 3 line snippets in our commercial programs...

I am thinking of Hedy Lamar, Hollywood actress that had a concept that was able
to be expressed to the satisfaction of the US Patent Office sufficiently to be
patentable several tens of years ago and now receives royalties on a commercial
endeavor called Wireless Communication....

> --
> Rob



Relevant Pages

  • Re: Dealing with HANDLEs
    ... Jake Forson wrote: ... In practice some minimal caution needs to be ... copying a handle is actually a rare occurence. ... Encapsulating a HANDLE inside a C++ is highly regular. ...
    (microsoft.public.win32.programmer.kernel)
  • Re: Venture Communism Draft IV
    ... >> assign a team of patent lawyers and engineers to each promising new ... thing must be common practice among big technology companies. ... and collective ownership of capital will on average not be as ... have done it, but it requires an open, effective governance system. ...
    (sci.econ)
  • Re: Fw: Patents and War Reparations
    ... Most valuable German-owned patents were been ... This included patent applications, manuscripts, ... Seems very fair, and perfectly standard practice. ... state are automatically confiscated when a war begins, ...
    (soc.history.war.world-war-ii)
  • Re: two ideas that i would like to share with world
    ... positioned on a standard swing suspended by two chains from a ... decades before the patent was filed and _issued_. ... _HAS_ to be some published literature on the practice. ...
    (comp.os.linux.misc)
  • Re: Has anyone seen this ye?
    ... > Theoretically, a patent must be both novel, and "reduced ... > to practice" - actually useful and workable, ... > description given in the patent alone. ...
    (rec.arts.sf.composition)