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Showing posts with the label copyright

What is Software? Why does it matter?

Software is the stuff that runs on computers. It's invisible, intangible and isn't even 'isomorphic': exactly one form for one thing . There's an infinite number of representations of a single function, program or thing,  producing the identical result. Computers are active cognitive processing engines . They can be electronic, mechanical, relays or "wetware" like brains. If you don't know what you're working on and with, then: You can't answer: What is it that we Do? Nor can you talk about:  What's the best way to do what we do? How do we assess results? Nor:  What is unique to what we do Professionally? What is the stuff that is ours alone? The wonderful Pamela Jones of Groklaw persuaded a very insightful Intellectual Property (I.P.) expert, Michael Risch, to contribute a piece: " Curing the Problem of Software Patents ". I attempted a contribution countering the notion that "Software is Mathematics" and it was lost i...

E-mail privacy: can I send a copy without permission?

This is not an extensive review of the field, nor is it legal advice. I wanted to inform myself of the limits of what I could do with an email that had come into my possession. One of the parties, known from the content to be very aggressive and sometimes threatening, I wasn't prepared to approach for permission, whilst the other, when I did, was happy to publish the interchange on-line. These are my notes. There is no "Right to Privacy" in Australia, but that doesn't mean there are no rights and what are available aren't clear cut. There is a long-running Australian Law Reform Commission (ALRC) into this. The 'interception' of a real-time or stored electronic communication is a serious crime, but that's not what we're dealing with, nor is it hacking. Nor does an interpersonal communication come under the Privacy Act or the SPAM Act. There could be 3 causes of Action for an unauthorised disclosure of an electronic communica...

Microsoft, AntiTrust (Monopolies) and Patents

MSFT is threatening to Sue the Free World . Patents are a state-granted Monopoly in return for full disclosure . Patents are useless unless defended. Patents are granted in a single jurisdiction at a time - there are no 'global' patents. Patents are uncertain until tested in court - by the full panoply of judges, counsel and mountains of paper. Patent 'trolls' and 'submarining' exist (and are legal tactics) - people who play the system for Fun and Profit. They hide out until someone is successful, then don't try to license their patents - but sue (for large amounts). Microsoft may claim that code infringes its patents - but that's just a posture. If they were for real, they'd be launching court cases to decide the matter. Software Patents Can Software really be patented? Copyright exists to protect direct expressions of Intellectual activity. Patents exist to protect the level up, how to make something. Mathematical equations and algorithms are exp...