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Justice Sotomayor's Potential Cyberlaw Influence? Not Much
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| Bilski was up for discussion yesterday at the Supreme Court's private
| cert-consideration conference, so we could know as early as Monday if Judge
| Sotomayor will have that one facing her in the fall. I have no idea what
| Judge Sotomayor's views are on the patentability of software-implemented
| business method patents, and I don't think anyone else does either.
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http://pblog.bna.com/techlaw/2009/05/justice-sotomayors-potential-cyberlaw-influence-not-much-.html
The pro-Microsoft Richard Waters:
Supreme Court to revisit patent system
http://www.ft.com/cms/s/68ed7306-4f01-11de-8c10-00144feabdc0,dwp_uuid=70662e7c-3027-11da-ba9f-00000e2511c8,Authorised=false.html?_i_location=http%3A%2F%2Fwww.ft.com%2Fcms%2Fs%2F0%2F68ed7306-4f01-11de-8c10-00144feabdc0%2Cdwp_uuid%3D70662e7c-3027-11da-ba9f-00000e2511c8.html&_i_referer=
Method Men? Handicapping Bilski at the Supreme Court
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| CHIEF JUSTICE ROBERTS: I may not be a software developer, but as I read the
| invention, it's displaying pictures of your wares on a computer network and,
| you know, picking which ones you want and buying them. I -- I might have
| been able to do that.
|
| [....]
|
| In the patent bar and at the Federal Circuit, software patents are the law of
| the land. But during oral arguments in the 2007 AT&T v. Microsoft case, which
| regarded damages for infringing copies of software distributed overseas, it
| became clear that the at least a few Supreme Court justices haven't made up
| their minds about whether software should be patentable.
|
| During oral arguments in that case, Justice Breyer went out of his way to
| make it clear that despite the fact that software patents were issued widely
| following the Federal Circuit's 1998 State Street Bank decision, he had never
| gotten the opportunity to weigh in, and as far as he was concerned, it's not
| a settled issue:
|
| JUSTICE BREYER: “I take it that we are operating on an assumption that
| software is patentable? We have never held that in this Court, have we?”
|
| Later, Justice Stevens also asked a government lawyer point-blank whether
| software is patentable. The answer: "Standing alone in and of itself, no."
|
| He likely said that because as it stands, software has to be tied to a
| machine to get a patent—not hard to do. But it shows that for Stevens, like
| Breyer, software patents are up for debate.
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http://thepriorart.typepad.com/the_prior_art/2009/06/handicapping-bilski-at-the-supreme-court.html
Donald Knuth: Mathematical Ideas, or Algorithms, Should Not Be Patented
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| Donald Knuth, distinguished computer scientist, recipient of the Turing
| Award, creator of the TeX computer typesetting system, and author of The Art
| of Programming, which some call the Bible of computer programming, has
| submitted a letter [PDF] to the European Patent Office for submission to the
| EPO's Enlarged Board of Appeal considering the question of software patents
| and whether they should be allowed in Europe.
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http://www.groklaw.net/article.php?story=20090603224807259
Knuth: Every Algorithm is Sacred
http://opendotdotdot.blogspot.com/2009/06/every-algorithm-is-sacred.html
Recent:
Amicus letter of Donald E. Knuth
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| Prof. em Donald E. Knuth, the algorithm pope, sent an Amicus Curiae letter to
| the European Patent Office in the case G03/08 and expressed his desire
| to “innovate in peace”...
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http://arebentisch.wordpress.com/2009/05/16/amicus-letter-of-donald-e-knuth/
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