Someone filed a patent partially based on my source code on CodeProject
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"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.
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S<T>::f(U) // Out of line.
](http://msdn.microsoft.com/en-us/library/8yk3t00s(v=vs.71).aspx)
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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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.
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
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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.
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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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)
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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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)
you may be right about that...
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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)
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
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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.
yeah, i think you guys are right about relinquishing rights with the license...
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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
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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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)
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.
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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)
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)
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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)
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.
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you may be right about that...
That's what lawyers are for...
A guide to posting questions on CodeProject[^]
Dave Kreskowiak -
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.
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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That's what lawyers are for...
A guide to posting questions on CodeProject[^]
Dave KreskowiakI did suggest that, keep reading... ;)
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That's what lawyers are for...
A guide to posting questions on CodeProject[^]
Dave KreskowiakUnfortunately.
[
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:
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)
yeah but a patent is for protecting your intellectual property... if its not even yours, its unethical to do so
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yeah but a patent is for protecting your intellectual property... if its not even yours, its unethical to do so
It would be weird if somebody just copy/pasted the code into a patent, but that doesn't appear to be the case. The code was just used to make another, larger bit of 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:
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)
Actually, I kinda happy to see my code to see my code used in open-source libraries, though I dun really get any monetary benefits out of it. I have not checked my other code whether they are used in open source libraries as well. I dun really mind to see my code used in some patent but they could use some courtesy of informing me.
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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 [^]
One problem you may find is that US patents are based on first to register, not first to discover. You can have all the proof you want that you discovered something first. It doesn't matter - first to register the patent wins. You could try to argue that the work was stolen but you would need proof that the other guy did not invent it indepentently. The fact that it is in the public domain doesn't count. Most other countries have their patent laws the other way around.
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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 [^]
If you think that you invented something, disclosed in your article, that this other person has patented then their patent will fail as your article will count as prior art in the public domain and they cannot patent that. If you think they have, wait for the examination process and submit an objection. So they cannot be patenting something you invented and disclosed in your article. It appears more likely that they used the code in your article as part of the implementation they reveal in the patent application. As you mention there are other examples on the web they could use, but they chose yours - you should probably be flattered. If this is the case, they haven't actually patented your code, but used it to illustrate how to implement their invention. I understood that the idea of CPOL articles was that the author wanted them to be used by others, commercially or otherwise. Authors do expect some sort of recognition, and the removal of copyright notices is rude and clearly unethical, but I'd be interested if anyone can shed light on whether it is actually illegal. When you submit a patent application you have to provide enough information to enable someone to reproduce the invention, so where software is concerned you provide code. I have no idea whether the authorship of CPOL code has to be disclosed, but it is an interesting question. Including anything substantial in a patent application without attribution would appear to be plagiarism of some form.
Peter "Until the invention of the computer, the machine gun was the device that enabled humans to make the most mistakes in the smallest amount of time."
modified on Thursday, April 28, 2011 11:48 PM