Told to remove blog posts describing patented algorithm

Re:Told to remove blog posts describing patented algorithm by reader5000 on Thursday July 08, 2010 @09:09AM (#1497187)

This illustrates one of the major problems with patent law: uncertainty. Nobody, including the pros, can tell the poster whether the Shazam claim is legitimate or not. Therefore, under the threat of untold financial penalties, real or not, Shazam can simply bully whoever they want.

Although I know nothing about European patent law and almost nothing about US law, here is the relevant US code:

"Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent," (emphasis added). [1].

It seems to me the issue would be whether writing the code for patented software constitutes "making" it. Who knows. The patent system is such a joke.

[1] http://www.law.cornell.edu/uscode/usc_sec_35_00000271----000...

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Re:Told to remove blog posts describing patented algorithm by iuygtfnh on Thursday July 08, 2010 @05:59PM (#1498932)

>it seems to me the issue would be whether writing the code for patented software constitutes "making" it.

That's the problem with software patents. The patent must be published - that the whole point. But in software writing down the algorithm is also making an implementation. It's like the pornography laws that defined looking at an image on a computer screen = producing an image and therefore equivalent to being present when the act took place.

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