[OT] Free software versus software idea patents

harrismh777 harrismh777 at charter.net
Sun Apr 10 22:49:27 EDT 2011


Chris Angelico wrote:
>> >      All software can be expressed as lambda calculus. The point being, all
>> >  software is mathematics...

> With enough software, you can simulate anything. That means that the
> entire universe can be expressed as lambda calculus. Does that mean
> that nothing can ever be patented, because it's all just mathematics?

     Great question... the simple answer is, no. But the extended answer 
is a little complicated and not well understood by most folks, so its 
worth talking about, at least a lot. You may skip to the last paragraph 
for the main point... or stay tuned for the explanation.
     Mathematical processes and algorithms are not patentable (by rule) 
because they are 'natural' and 'obvious'. In other words, a natural set 
of laws (mathematics, just one example) are universally used naturally 
and obviously by all humans in the course of thinking, creating, 
expressing, &etc., and therefore these ideas are not patentable because 
they are the natural and obvious 'stuff' from which and through which 
the human mind processes the natural world. You cannot patent the 
Pythagorean theorem. You cannot patent addition, nor subtraction, nor 
the logical concepts for boolean algebra.... nor can you patent lambda 
calculus. These are just examples.
     You cannot patent the mathematical concept of nand gate; however, 
Motorola may patent the mechanical electrical implementation of the nand 
gate (CMOS 4011 quad nand). Also, Texas Instruments may patent their 
mechanical electrical implementation of the nand gate concept (TTL 
sn7400n quad chip). The chips are patentable, but the mathematical 
concept 'behind' the chips is not patentable.
     Software is another sort of animal entirely. Because software is 
not just based on mathematics--- IT IS mathematics. In other words, 
software is not more and not less than an extension of the human mind 
'itself' in mathematical and logical expression across symbol extended 
through a machine framework. All humans naturally and obviously process 
the world around them (regardless of race, creed, ethnic origin, color, 
geography, %etc) through input, control, arithmetic, logic, and output. 
Software running in a machine is nothing more nor less than software 
running in my own mind, or in your own mind. The machine (as a logical 
and mathematical symbol processor) sorts out world realities 
(modalities) via input, control, arithmetic, logic, and output. All 
software is the 'stuff' of natural and obvious human thought, 
creativity, expression, communication, &etc. Granted, humans also have 
emotions and will, but for simplicity sake we will oversimplify.
     What has happened in the 20th century is that (to take natural 
language as an example) one person holds the patent on the verb. Another 
holds the patent on the noun. These two people cross-license their 
patents on the verbs and nouns, forcing the people who want to 
communicate with nouns and verbs to pay royalties, or to purchase noun 
and verb licenses, or to be forced to communicate without nouns and 
verbs. --- wouldn't that be interesting.
     To put it in simple comp sci terms (input, control, arithmetic, 
logic, and output) it works something like this: One corporation holds 
the patent on input(), and another corporation holds the patent on 
output(). Now then, all natural people need to use both input() and 
output() for communicating  ( listening and speaking ) within the 
natural framework for their human endeavors, and yet they are forced by 
law to pay for a license to be able to use input() and output()...

  ... their control, arithmetic and logic are not much good to them 
otherwise. The holders of the input() and output() patents of course 
cross license so that they are held harmless and so that they alone (the 
oligarchy) control what is input() and output() and by whom.  Needless 
to say, this is not a good thing.
     Software idea patents lay ownership to *so called* intellectual 
property. In other words, those who wield software idea patents believe 
that they hold ownership over the natural and obvious 'stuff' of human 
thinking, creating, organizing, sorting, communicating, &etc. This is 
nothing other than an intellectual slave trade. The slave trade of human 
bodily bondage (which still goes on unpunished today, but waning) holds 
that persons may be owned. The slave trade of the late 20th and early 
21st centuries holds that person's thoughts and thinking processes may 
be owned! This intellectual slave trade must end, now! Think about 
this... if I tell you something of substance little or great and it 
gives you pause for thought, then I have placed my thoughts (my process, 
my programming, my intellectual property) into your head... you are now 
thinking things that I myself have thought about prior to you.  Now 
then, I lay hold to the concept that I now own those thoughts (it is my 
intellectual property you are now thinking of) and you therefore are 
bound (by law) to license your thoughts to me for a sum of money, or 
else quit thinking those thoughts !  Do you see how absolutely ludicrous 
this sounds... and yet, it is law in the U.S. and in other places as well.
     By allowing software idea patents --by law we as a society are 
permitting the software oligarchy to enslave and to persecute all human 
thinkers. We are saying that the natural and obvious 'stuff' of human 
thought and creativity may be owned... that a person's thoughts may be 
owned and therefore controlled or sold or shut down. Software is a pure 
extension of human thought and creativity and must be permitted to be 
free (as in freedom) from control or usurpations of any kind. Input, 
control, arithmetic, logic, and output must reign free and unhindered 
(as in free thought and expression) regardless whether those natural 
human processes are live in the natural human mind or whether those 
natural processes are expanded across processor frameworks or networks 
(global or local). Human thought, creativity, and expression must be 
free (as in freedom). Software must be free (as in freedom) for a free 
society.   Free Software - Free Society.

kind regards,

m harris




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