Subject: Re: Code vs text

From: [email-masked]
Date: Tue, 24 Jan 2006 20:38:54 +0000

John - Perhaps its you that doesnt GET IT... there is NO WAY to separate the patent rights issues unless you are only talking about republishing rights for participation in the IETF's Standards Preocess. 

The problem is that since those republishing rights directly affect global patentability there is NO POSSIBLE WAY to separate the need to manage those dangers as part of any licenses moving forward.

Todd Glassey
 -------------- Original message ----------------------
From: John C Klensin <[email-masked]>
> 
> 
> --On Tuesday, 24 January, 2006 16:47 +0000 [email-masked]
> wrote:
> 
> > How would you deal then with a wrtitten description of the
> > code and its flow? - from a patent point, the narrative of the
> > system is as important as the mechnical descriptions put forth
> > in the claims. My point is that there may be many ID's for
> > which the code portions cannot be extracted or isolated from
> > the text portions of the document as well.
> 
> There is no "patent point".  This discussion has been about
> issues in copyright to, and copyright licensing of the text,
> possibly including code snippets, pseudocode, interpretable
> tables, etc.  Whatever the patent policy is, it doesn't impact
> this stuff and this doesn't impact it.  And, fwiw, there have
> been zero claims from anyone with obvious competence to have an
> opinion (e.g., a law degree and license) that anything more than
> our traditional rights to reproduce and distribute in toto are
> needed to establish or reference prior art claims.
> 
>     john
> 
> 
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