are algorithms patentable?

[David G. Hough at validgh]

My understanding is that GIF is a specification (interface) for representing
graphics that relies on a specific compression ALGORITHM published in CACM,
where many mathematical software algorithms are published.   My understanding
of the position of Unisys and Compuserve in this matter is that any
program that encodes or decodes graphics in GIF format is an infringement
of the Unisys patent on the compression algorithm, 
without respect to whether any Unisys or Compuserve
CODE was ever seen or copied, and therefore requires a license.    
Mathematical software people, who have 
long relied on building upon each other's work placed in the public domain,
may well find this an alarming turn of events.    Nor should this be
considered a strictly American phenomenon; one of the arguments advanced
against ratifying GATT in the American technical community 
is that it requires conforming
American intellectual property laws with those of the other treaty members,
which in many cases are said to be even worse-conceived.   

numeric-interest is not the place for an extended discussion, but we all need
to be aware of this issue.   If you need more information, you might contact
deanahi.com.

> Subject: LPF Statement on the GIF controversy
> Date: Mon, 09 Jan 1995 23:48:49 -0500
> From: Dean Anderson <uunet!hi.com!dean>
> 
> Until now, most computer professionals and companies have ignored the
> problem of software patents.  The GIF format for graphical images was
> adopted widely on the net, despite the Unisys patent covering the LZW
> data compression algorithm.  The patent dates to 1985, but its
> enforcement has been carried out with private threats; most victims
> are afraid to talk about it.  Now the patent has shown its teeth.
> 
> For a few days, the Internet community was shaking with anger at the
> surprise demand to pay license fees for the use of GIF format.
> 
> It turns out that the license being offered today is only for
> Compuserve users.  Compuserve accepted an offer from Unisys that they
> couldn't refuse.  Compuserve users can accept this offer now, or face
> Unisys later on their own.  The rest of us don't have a choice--we get
> to face Unisys when they decide it's our turn.  So much trouble from
> just one software patent.
> 
> There are now over ten thousand software patents in the US, and
> several thousand more are issued each year.  Each one may be owned by,
> or could be bought by, a grasping company whose lawyers carefully plan
> to attack people at their most vulnerable moments.  Of course, they
> couch the threat as a "reasonable offer" to save you miserable years
> in court.  "Divide and conquer" is the watchword: pursue one group at
> a time, while advising the rest of us to relax because we are in no
> danger today.
> 
> Software patents may not seem like an urgent problem until you find
> one aimed at you.  We all have other fires to fight, and most
> developers have hoped that the patents would never blaze up.
> 
> In an ironic way, Unisys has done us a favor--by showing that the
> problem is too serious to ignore.  What people first feared, could
> just as well have happened.  Each of the thousands of software patents
> has the potential to devastate a segment of the community, both
> software developers and users.  There will be more nasty surprises.
> They are part of a system.
> 
> Unisys has given us a chance to work together to change the
> system--rather than waiting to be sued one by one for this patent or
> that.  We can win the fight against software patents, if we speak loud
> and clear against them.
> 
> 
> What can people do?
> 
> 
> * Express your disapproval to Unisys by writing a letter to its CEO.
> Tell him what you think of his company's actions:
> 
>     James Unruh
>     CEO
>     UNISYS Corp.
>     PO Box 500
>     Blue Bell, PA 19424
>     fax: 215-986-6850
> 
> Please use snail mail--a physical pile of letters is more impressive,
> psychologically, than a big file of email.  Keep it short--ten lines
> is enough.  Don't spend hours composing your letter; there's no need.
> But do write it in your own words, because sending a form letter
> written by someone else is not impressive.
> 
> Make it clear that the usual excuses--"We're just exercising our
> property rights; look how reasonable we are being (compared to what we
> _could_ have done)"--won't wash with you.
> 
> Avoid saying anything nasty that would give Unisys a chance to paint
> itself as the victim.  Cold condemnation is more powerful than flames.
> 
> Please email a copy of your letter to the League for Programming
> Freedom at gif-lettersalpf.org.  We might ask you for permission
> to publish your letter.
> 
> * Don't sign a license--stop using GIF.  The World Wide Web consortium
> at MIT will probably be coordinating the move away from GIF, and
> offering advice and assistance.
> 
>    See `http://www.w3.org/'.
> 
> * Join the League for Programming Freedom.  The League is a
> membership-based organization whose aim is to bring back the freedom
> to write software.  The League says that no one should be able to
> dictate what kinds of programs you can write.
> 
> You can contact the LPF by email to lpfauunet.uu.net,
> or look at its Web pages at `http://www.lpf.org/'.
> 
> 
> ** Note: the recent license demand came in the name of Compuserve; but
> the impetus for it came from Unisys.
> 
> Compuserve developed the GIF format many years ago, not knowing there
> was a patent on LZW.  (Most programmers have no idea what patents
> their programs are vulnerable to--there are too many patents to keep
> track of.)  When Unisys threatened to sue them, Compuserve had to give
> in to Unisys's demands.  Compuserve arranged to be allowed to offer
> Compuserve users a sublicense, but the "offer" was formulated in a way
> that was tantamount to an ultimatum.
> 
> Compuserve may bear responsibility for some of the details of how this
> was handled, but the main responsibility falls on Unisys.  It is
> Unisys that claims the power to dictate what kinds of software you can
> write.  Unisys decided to use the power for aggression; Unisys forced
> Compuserve to participate.
> 
> 
> 
> =++=+=+=+++==++=+=+=+++==++=+=+=+++==++=+=+=+++==++=+=+=+++==++=+=+=+++=
> Dean Anderson                                               Deanahi.com
> President
> League for Programming Freedom