From orre@nada.kth.se  Thu May  3 20:12:48 2001
From: orre@nada.kth.se (Roland Orre)
Date: Thu, 3 May 2001 21:12:48 +0200 (MET DST)
Subject: [Patents] Burce Perens: Software Patents vs. Free Software
In-Reply-To: <200105031634.MAA09567@world.std.com>
Message-ID: <Pine.SOL.4.30.0105032018380.26885-100000@faun.nada.kth.se>

Mr Aharonian, there is one detail I want to point out considering
hardware vs software differences. I will not comment on your idea
that we should abolish all patents now.

Consider the specific effort needed to create one specific piece
of hardware and consider a similar effort to develop some specific
piece of software or an algorithm.

Now we may regard the price/unit where we still get your
investment back for selling services based upon this

Software, algorithms, ideas (like a business scheme):
Limes for price/unit
      when the number of consumers -> infinity = 0

Hardware:
Limes for price/unit
      when the number of consumers -> infinity = P > 0

Whatever clever hardware construct you have come up with, it has
to be produced and distributed and this cost can not be neglected.
With software even the distribution cost follows the same principle
as the software price if you skip the CD/DVD, box etc.

Support for hardware or software is a direct sell of skills
and does not follow a similar rule and can therefore preferebly
be sold separately after each customer's need.

An idea, software package or an algorithm is just a pattern,
a piece of information, once produced there are no further costs
involved except maintainence, which follows the same principle.
Another important difference (if your piece of software is not
heavily smartcoded): It can be reused and extended/improved
infinitely with a small effort. A hardware construct is most
often not segmentable into modules in the same way.

	Roland Orre

On Thu, 3 May 2001, Gregory Aharonian wrote:
> Nice repeat of the same old arguments against software patents.  And
> yet another example of an argument that can be applied to all other
> patents, especially hardware patents.  There is no longer any
> practical difference between the amount of effort, ingenuity and
> needed lifetime of hardware designs and software designs - the same
> tools are used, etc.  So Perens argument is as much an argument
> against most forms of patenting, once you subtract out the worshipping
> of software implicit in his arguments.
>
> Greg Aharonian



