open source licenses and algorithms

[RD]

You might say this question was once simple, but is no longer. A  one
word answer will not do...this is particularly so with regard to
software (software, by definition, involves the practical application of
algorithms). 

I suspect the person who posed the question may not have posed it as
precisely as it should have been stated. (I saw the restated question,
not the original post). If you are developing a software program, you
may indeed want to look into whether your application of an algorithm is
patentable. The landmark State Street Bank case issued by the Federal
Circuit held that the practical application of an algorithm IS
patentable statutory subject matter. While the question whether any
given software program may be patentable involves additional questions
State Street Bank removed a rather large barrier. I express no comment
on whether this is a good thing. In fact, neither Martha Stewart nor the
Supreme Court has indicated whether this is a good thing.    

Rod


Rod Dixon
Visiting Assistant Professor of Law
Rutgers University Law School - Camden
www.cyberspaces.org
rod at cyberspaces.org

> 
> > If you are asking "can an algorithm be both copyrighted and 
> patented?"
> 
> No.
> 
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