1995-07-29 - Re: copyrighting algorithms

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From: “Alan Pugh” <Alan Pugh@MAILSRV2.PCY.MCI.NET>
To: cypherpunks@toad.com
Message Hash: 25795e7514aafdd2cd5ba70db17bd4e929b93ea34835a60b9f376524e9d48555
Message ID: <01HTFZ8S12128WWGGL@MAILSRV1.PCY.MCI.NET>
Reply To: N/A
UTC Datetime: 1995-07-29 17:15:39 UTC
Raw Date: Sat, 29 Jul 95 10:15:39 PDT

Raw message

From: "Alan Pugh" <Alan Pugh@MAILSRV2.PCY.MCI.NET>
Date: Sat, 29 Jul 95 10:15:39 PDT
To: cypherpunks@toad.com
Subject: Re: copyrighting algorithms
Message-ID: <01HTFZ8S12128WWGGL@MAILSRV1.PCY.MCI.NET>
MIME-Version: 1.0
Content-Type: text/plain


-----BEGIN PGP SIGNED MESSAGE-----

Date sent:        Thu, 27 Jul 1995 21:43:07 -0700
From:             Bill Trost <trost@cloud.rain.com>
Subject:          copyrighting algorithms
To:               Wolfgang Roeckelein <wolfgang@wi.WHU-Koblenz.de>
Copies to:        rross@sci.dixie.edu (Russell Ross), 
ssl-talk@netscape.com,
 cypherpunks@toad.com

Wolfgang Roeckelein writes:
    >I wasn't aware that you could copyright an algorithm.  Patent,
    >yes, but not copyright.  Intellectual property meens secret,
    >right?  Aren't there any precendence cases involving propriety
    >schemes that are reverse engineered?

=snipped=

bt> As for the quoted material, "Intellectual property meens [sic]
bt> secret" is quite mistaken.  Copyright and patents are the two most
bt> common forms of intellectual property (AFAIK), and neither of them are
bt> secret (unless they're classified patents, but never mind...).

from _computer_digest_ (raleigh,nc edition) august 1995...

"In the past, the office (U.S. Patent Office) has contended that
because software is a mathematical process, it can only be
- -protected- and not -patented- by copyright law. However, the U.S.
Court of Appeals for the D.C. Circuit has ruled in several recent
cases that inventors deserve patents because the programming was
integral to the machine."
...

The office announced in March that it would propose new rules for
embedded software patents and published them in the June 2 Federal
Register..."

Spokesman Richard Maulsby said the agency hopes to have final
quidelines in place by September.

Under law, the office issues patents for 'machines', 'articles of
manufacture' and 'processes'. The proposed rules tell patent
examiners how to determine whether software proposed for patenting
meets the criteria.

Under the proposed rules: 'A computer or other programmable
apparatus whose actions are directed by a computer program or other
form of software is a statutory "machine". A computer-readable memory
that can be used to direct a computer to function in a particular
manner when used by the computer is a statutory "article of
manufacture". A series of specific operational steps to be performed
on or with the aid of a computer is a statutory "process."

What isn't patentable? According to the rules: 'A compilation or
arrangement of data independent of any physical element,' meaning no
hardware. 
...

The guidelines are available on the patent office's World Wide Web
server at http://www.uspto.gov.

The patent office is accepting comments on the proposed guidelines
through July 31.
...

Comments can ... be sent by Internet electronic mail to:
comments-softwarepro.gov.

=============================

obcrypto:
would this give any more ammunition to companies like rsa in
protecting their algorythm?


amp
<0003701548@mcimail.com>
<alan.pugh@internetmci.com>
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July 29, 1995   12:35

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