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There is a passage from chapter 1 of The Blind Watchmaker by Richard Dawkins (polemic evolutionist and atheist) in which he discusses 'hierarchical reductionism' --- the use of different layers of abstraction to explain how machines or living things work. This got me thinking about one kind of sophistry used by the pro-patent crowd to justify software patents.

".. if you asked me how a motor car worked you would think me somewhat pompous if I answered in terms of Newton's laws and the laws of thermodynamics, and downright obscurantist if I answered in terms of fundamental particles. It is doubtless true that at bottom the behaviour of a motor car is to be explained in terms of interactions between fundamental particles. But it is much more useful to explain it in terms of interactions between pistons, cylinders and sparking plugs"

"The behaviour of a computer can be explained in terms of interactions between semiconductor electronic gates, and the behaviour of these, in turn, is explained by physicists at yet lower levels. ... to understand the workings of computers, we prefer a preliminary explanation in terms of about half a dozen major subcomponents --- memory, processing mill, backing store, control unit, input--output handler etc."

Of course, the behaviour of software is best explained at an even higher level of abstraction, in terms of abstract logic, and to explain it in terms of the components Dawkins refers to is one way of creating trivial software patents (see http://lpf.ai.mit.edu/Patents/anatomy-trivial-patent.txt for one such example of obscurantism). The Cadtrak "XOR cursor" patent is sometimes justified on the basis that at the time the patent was filed, it was not as easy to write to the video memory then available. Therefore 'XOR'ing was a difficult operation. This is, of course, sophistry, because regardless of the technology on which video memory is based and the way one writes to it, a xor is a xor and can be expected to have the same effect on the screen when it is applied to video memory.

See slide 14 on http://www.ex.ac.uk/~mmaziz/com1409/lect6.pdf
also about half-way down this pro-swpat document http://www.swiss.ai.mit.edu/6805/articles/int-prop/heckel-debunking.html

To describe a software method as a technological process because of the "technical" nature of the apparatus is rather like describing the working of a car in terms of fundamental particles. This also helps explain why software patents are of zero use in describing a technique. It may be true that a software method can be described in terms of physical interactions between different parts of a computer system but that isn't a useful way of thinking of it, because these physical interactions are at a lower layer of abstraction from the useful effect of the software method.

Referring to "reductionism" as the art of explaining things in terms of their most fundamental parts, Dawkins then states "no-one is a reductionist in any sense worth being against". Obviously he did not know about the patent establishment, who deliberately use reductionism to pull wool over people's eyes, to make out a simple technique to be much more complicated than it actually is thru use of an inappropriately low level of abstraction.

Alex

http://www.ffii.org.uk/




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