question about patent

Roberto Ragusa mail at robertoragusa.it
Thu Mar 26 11:12:43 UTC 2009


robert song wrote:
> Now I am using Pettis-Hansen method as follows to reorder functions.
> http://www.cs.virginia.edu/kim/courses/cs771/papers/pettis90profile.pdf
> 
> But I found that the algorithm has its patent as below.
> http://www.freepatentsonline.com/EP0459192.html
> 
> So if I use this algorithm in my codes, it will infringe the HP patent.
> Does it mean that this algorithm can not be used in codes ?

I am not a lawyer, so I don't have an answer for you; even lawyers
will try to never give you an answer (but you can try bribing them with
big amounts of money if you really want one :-) ).

I understand that the patent is on smart function reordering in a program.
(really stupid patent, IMHO, "trivial to those skilled in the art")

Are you implementing the reordering algorithm (are you writing a compiler?)
or are you using this algorithm on your code to smartly rearrange the
source?

In the first case, you may have a legal issue.
In the second case, I dare to say you don't.

I mean, if someone patents quick-sort (thanks God software patents were only
conceived after quick sort, linked lists and FFT):
- using and distributing a quick sort routine is not allowed
- distributing a sorted list is allowed (did you use quick sort or bubble sort
to obtain it? no one knows, if you used quick sort you have infringed the patent
but the result of the process is not infringing)

Best regards.

-- 
   Roberto Ragusa    mail at robertoragusa.it




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