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  3. Someone filed a patent partially based on my source code on CodeProject

Someone filed a patent partially based on my source code on CodeProject

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  • S Offline
    S Offline
    Shao Voon Wong
    wrote on last edited by
    #1

    I was writing a C++ library but forgot how to write something. I was googling my combination library for solution. I found out my combination code was used in some open-source libraries. Someone even filed a patent[^] partially based on my combination code. Note: the appendix A contains the source code for my Combinations in C++[^] article (search for "next_combination"). My name is removed from the squashed source code. LOAD-BALANCING AND TECHNOLOGY SHARING USING LEMPEL-ZIV COMPLEXITY TO SELECT OPTIMAL CLIENT-SETS [^]

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    • S Shao Voon Wong

      I was writing a C++ library but forgot how to write something. I was googling my combination library for solution. I found out my combination code was used in some open-source libraries. Someone even filed a patent[^] partially based on my combination code. Note: the appendix A contains the source code for my Combinations in C++[^] article (search for "next_combination"). My name is removed from the squashed source code. LOAD-BALANCING AND TECHNOLOGY SHARING USING LEMPEL-ZIV COMPLEXITY TO SELECT OPTIMAL CLIENT-SETS [^]

      N Offline
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      Nish Nishant
      wrote on last edited by
      #2

      You have his name, address, maybe even phone. I reckon either contact him or talk to an attorney and consider suing him. Some attorneys will actually do this for free although they may take most or even all of the compensation received.

      Regards, Nish


      Are you addicted to CP? If so, check this out: The Code Project Forum Analyzer : Find out how much of a life you don't have! My technology blog: voidnish.wordpress.com

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      • N Nish Nishant

        You have his name, address, maybe even phone. I reckon either contact him or talk to an attorney and consider suing him. Some attorneys will actually do this for free although they may take most or even all of the compensation received.

        Regards, Nish


        Are you addicted to CP? If so, check this out: The Code Project Forum Analyzer : Find out how much of a life you don't have! My technology blog: voidnish.wordpress.com

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        AspDotNetDev
        wrote on last edited by
        #3

        The article is under the Code Project Open License... not sure if that matters, but I wouldn't go around suing people because they made use of my open source code.

        [

        S<T>::f(U) // Out of line.

        ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

        A P 2 Replies Last reply
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        • S Shao Voon Wong

          I was writing a C++ library but forgot how to write something. I was googling my combination library for solution. I found out my combination code was used in some open-source libraries. Someone even filed a patent[^] partially based on my combination code. Note: the appendix A contains the source code for my Combinations in C++[^] article (search for "next_combination"). My name is removed from the squashed source code. LOAD-BALANCING AND TECHNOLOGY SHARING USING LEMPEL-ZIV COMPLEXITY TO SELECT OPTIMAL CLIENT-SETS [^]

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          Albert Holguin
          wrote on last edited by
          #4

          WOW! People are real a-holes! ...maybe you need to contact the patent office or maybe even an attorney to block the patent... Since the company address is there, you should look-up the name of a director or manager level person and send a correspondence (you may be able to find an e-mail) stating the fact that your code cannot be used as part of a patent (or something to that effect). Heck I'm driving distance from there, let's go pay a visit! :mad: (<-- yes, joking about that part)

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          • A AspDotNetDev

            The article is under the Code Project Open License... not sure if that matters, but I wouldn't go around suing people because they made use of my open source code.

            [

            S<T>::f(U) // Out of line.

            ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

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            Albert Holguin
            wrote on last edited by
            #5

            ...its not the using it that would be a problem, its the whole patenting under someone else's name...

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            • A Albert Holguin

              ...its not the using it that would be a problem, its the whole patenting under someone else's name...

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              AspDotNetDev
              wrote on last edited by
              #6

              "partially based on my combination code" Doesn't sound like he's making the work his own. Sounds like he's just using it as part of some other work.

              [

              S<T>::f(U) // Out of line.

              ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

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              • A AspDotNetDev

                "partially based on my combination code" Doesn't sound like he's making the work his own. Sounds like he's just using it as part of some other work.

                [

                S<T>::f(U) // Out of line.

                ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

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                Albert Holguin
                wrote on last edited by
                #7

                that's true, but when you file a patent, you have to provide a list of people who worked on the material being published (I've filed patents) and state that the all of the work was done by people on that list.

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                • A Albert Holguin

                  that's true, but when you file a patent, you have to provide a list of people who worked on the material being published (I've filed patents) and state that the all of the work was done by people on that list.

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                  Nish Nishant
                  wrote on last edited by
                  #8

                  Yeah, removing the copyright was clearly wrong (and most likely illegal).

                  Regards, Nish


                  Are you addicted to CP? If so, check this out: The Code Project Forum Analyzer : Find out how much of a life you don't have! My technology blog: voidnish.wordpress.com

                  A 1 Reply Last reply
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                  • A Albert Holguin

                    that's true, but when you file a patent, you have to provide a list of people who worked on the material being published (I've filed patents) and state that the all of the work was done by people on that list.

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                    A Offline
                    AspDotNetDev
                    wrote on last edited by
                    #9

                    I'm not sure if that's true for open source code you modify and which doesn't require author attribution.

                    [

                    S<T>::f(U) // Out of line.

                    ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

                    A 1 Reply Last reply
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                    • A Albert Holguin

                      WOW! People are real a-holes! ...maybe you need to contact the patent office or maybe even an attorney to block the patent... Since the company address is there, you should look-up the name of a director or manager level person and send a correspondence (you may be able to find an e-mail) stating the fact that your code cannot be used as part of a patent (or something to that effect). Heck I'm driving distance from there, let's go pay a visit! :mad: (<-- yes, joking about that part)

                      S Offline
                      S Offline
                      Shao Voon Wong
                      wrote on last edited by
                      #10

                      When I released my source code under CPOL, I believe I have relinquished my rights to it; it is up to anyone who uses my source code to modify. There are many next_combination implementations on the web. He does not need to use mine. What surprises me, is that is there any need to include source code in a patent? He could have just briefly mentioned about the combination algorithm.

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                      • A AspDotNetDev

                        I'm not sure if that's true for open source code you modify and which doesn't require author attribution.

                        [

                        S<T>::f(U) // Out of line.

                        ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

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                        A Offline
                        Albert Holguin
                        wrote on last edited by
                        #11

                        you may be right about that...

                        D 1 Reply Last reply
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                        • A Albert Holguin

                          WOW! People are real a-holes! ...maybe you need to contact the patent office or maybe even an attorney to block the patent... Since the company address is there, you should look-up the name of a director or manager level person and send a correspondence (you may be able to find an e-mail) stating the fact that your code cannot be used as part of a patent (or something to that effect). Heck I'm driving distance from there, let's go pay a visit! :mad: (<-- yes, joking about that part)

                          N Offline
                          N Offline
                          Nish Nishant
                          wrote on last edited by
                          #12

                          Albert Holguin wrote:

                          Since the company address is there, you should look-up the name of a director or manager level person and send a correspondence (you may be able to find an e-mail) stating the fact that your code cannot be used as part of a patent (or something to that effect).

                          5d. :thumbsup:

                          Regards, Nish


                          Are you addicted to CP? If so, check this out: The Code Project Forum Analyzer : Find out how much of a life you don't have! My technology blog: voidnish.wordpress.com

                          1 Reply Last reply
                          0
                          • S Shao Voon Wong

                            When I released my source code under CPOL, I believe I have relinquished my rights to it; it is up to anyone who uses my source code to modify. There are many next_combination implementations on the web. He does not need to use mine. What surprises me, is that is there any need to include source code in a patent? He could have just briefly mentioned about the combination algorithm.

                            A Offline
                            A Offline
                            Albert Holguin
                            wrote on last edited by
                            #13

                            yeah, i think you guys are right about relinquishing rights with the license...

                            1 Reply Last reply
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                            • N Nish Nishant

                              Yeah, removing the copyright was clearly wrong (and most likely illegal).

                              Regards, Nish


                              Are you addicted to CP? If so, check this out: The Code Project Forum Analyzer : Find out how much of a life you don't have! My technology blog: voidnish.wordpress.com

                              A Offline
                              A Offline
                              AspDotNetDev
                              wrote on last edited by
                              #14

                              The author said his name was removed, not a copyright notice.

                              [

                              S<T>::f(U) // Out of line.

                              ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

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                              • A AspDotNetDev

                                The author said his name was removed, not a copyright notice.

                                [

                                S<T>::f(U) // Out of line.

                                ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

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                                Luc Pattyn
                                wrote on last edited by
                                #15

                                this bit

                                // Copyright 2003 - 2006 Wong Shao Voon
                                // No warranty, implied or expressed, is included.
                                // Author is not liable for any type of loss through
                                // the use of this source code. Use it at your own risk!

                                is present on CP (http://www.codeproject.com/script/Articles/ViewDownloads.aspx?aid=4675[^]) and was removed, while what remains uses the same variable names and comments as the CP material. BTW: not sure what to think of a copyright notice inside material that is protected by CPOL. :)

                                Luc Pattyn [Forum Guidelines] [My Articles] Nil Volentibus Arduum

                                Please use <PRE> tags for code snippets, they preserve indentation, improve readability, and make me actually look at the code.

                                1 Reply Last reply
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                                • A AspDotNetDev

                                  The author said his name was removed, not a copyright notice.

                                  [

                                  S<T>::f(U) // Out of line.

                                  ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

                                  S Offline
                                  S Offline
                                  Shao Voon Wong
                                  wrote on last edited by
                                  #16

                                  I should have added a copyright notice in the source code! An oversight!! But now it is impossible to update all of them now that my article and source code were copied to many coding websites (without my permission)

                                  A 1 Reply Last reply
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                                  • S Shao Voon Wong

                                    I should have added a copyright notice in the source code! An oversight!! But now it is impossible to update all of them now that my article and source code were copied to many coding websites (without my permission)

                                    A Offline
                                    A Offline
                                    Albert Holguin
                                    wrote on last edited by
                                    #17

                                    I wouldn't object to the copying and using of open source code, after all, that's its purpose... but to actually use it in a patent!? ...that's just not right.

                                    A 1 Reply Last reply
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                                    • A Albert Holguin

                                      you may be right about that...

                                      D Offline
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                                      Dave Kreskowiak
                                      wrote on last edited by
                                      #18

                                      That's what lawyers are for...

                                      A guide to posting questions on CodeProject[^]
                                      Dave Kreskowiak

                                      A A 2 Replies Last reply
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                                      • A Albert Holguin

                                        I wouldn't object to the copying and using of open source code, after all, that's its purpose... but to actually use it in a patent!? ...that's just not right.

                                        A Offline
                                        A Offline
                                        AspDotNetDev
                                        wrote on last edited by
                                        #19

                                        Albert Holguin wrote:

                                        but to actually use it in a patent

                                        How would you feel about people who use your code to make money? Or on the job? All are valid uses of open source code, depending on the license (some have restrictions, such as maintaining any copyright notices or not using for commercial purposes). I'm not really sure what the CPOL states. But if you put code online with the intention of giving it away, I wouldn't get annoyed when somebody actually uses it.

                                        [

                                        S<T>::f(U) // Out of line.

                                        ](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)

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                                        • D Dave Kreskowiak

                                          That's what lawyers are for...

                                          A guide to posting questions on CodeProject[^]
                                          Dave Kreskowiak

                                          A Offline
                                          A Offline
                                          Albert Holguin
                                          wrote on last edited by
                                          #20

                                          I did suggest that, keep reading... ;)

                                          1 Reply Last reply
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