[d@DCC] Anti-creator Greg Aharonian seeks the extreme: software only under patent, not copyright.

[Russell McOrmond]

On Tue, 14 Dec 2004, Shawn Abel wrote:

> Russell, can you point me to authority for either the jurisprudence you
> mention here,

  Most of my research was for http://www.flora.ca/patent2003/ (Paid gig
for ICT branch of Industry Canada).

  Jason Young provided the best citation for Schlumberger Canada Ltd. v.  
The Commissioner of Patents, (1981)

http://www.digital-copyright.ca/discuss/1961
    This cannot be so, for if it were, the mere invention of computers
    would have the effect of rendering patentable that which would not
    have previously been patentable, and a "new dimension" would have been
    given to the Act.  In the present case the mental process would not be
    patentable by itself; the additional factor of the use of a computer
    does not serve to convert it into an "invention" within the meaning of
    s. 2.

> or the CIPO grants (or other discussion about them),

  You can do this experiment easily yourself.  Go to the Canadian Patent
Database at http://patents.ic.gc.ca/ and type in "Microsoft" (as just one
example) on a simple search.  You will find many PCT (Patent Cooperation
Treaty) patents that I'm told are considered valid here.

  Another data point is to go to the more advanced search
http://patents1.ic.gc.ca/srch_adv-e.html and put "software" in Abstract,
choose Canada for "Inventor" country, possibly even exclusing PCT patents.

  You'll find such trivially obvious gems as the following I just noticed
when I did a quick search:

COMPUTER SYSTEM PROTECTION BY COMMUNICATION DIVERSITY
http://patents1.ic.gc.ca/details?patent_number=2363795

METHOD OF DISTRIBUTING SOFTWARE UPDATES IN AN EVENT-DRIVEN NETWORK
http://patents1.ic.gc.ca/details?patent_number=2402254

  I suspect that David F. Skoll of Roaring Penguin has prior art to bust
this non-useful and obvious patent if it was worth the time to do so.

METHOD FOR FILTERING EMAIL SPAM
http://patents1.ic.gc.ca/details?patent_number=2389472


  I came up with more innovative information processes that I encoded in
software in the 80's in my bedroom as a teen than most of the so-called
"inventions" you find for software in this database.

-- 
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Have you, your family, your friends (, your enemies) signed the
 Petition to the Canadian Parliament for Users' Rights in Copyright?
 http://digital-copyright.ca/petition/