> However, exaggerating this patent by claiming it is a "linked list" patent diminishes the conversation around patents.
The title of the patent is "Linked List". How is that an exaggeration?
> If Subaru were issued a patent for a new method of fuel injection, would it be appropriate to claim that they were issued a patent for the internal combustion engine?
I think you misunderstand my point. I did not claim that this person patented linked lists. I claimed this person patented a trivial enhancement to a conventional linked list, and did not provide any implementation detail (which is really what makes it trivial).
On the subject of implementation, I do not see a data structure description as an implementation, any more than I see an algorithm as an implementation. Being an electrical engineer I am biased towards thinking of implementation as an actual, functional system (not necessarily hardware). I know there are many patents where this definition of implementation doesn't hold, but that is why I am uncomfortable with software and business method patents in general, and think chemical and drug patents should be a special category.
> The title of the patent is "Linked List". How is that an exaggeration?
Now you are being disingenuous. The title has no legal significance. The only thing that has legal significance is the list of claims, and the are to be read as a conjunction (A & B & C...)
I don't think he ever claimed Linked Lists were patented. The title of the post is "Patent #7028023: Linked List". That's entirely factual based on the number and title of a patent.
At no point in his comments do I see him say "A linked list has been patented" or something similar.
> The title of the patent is "Linked List". How is that an exaggeration?
So it's a poorly titled patent. All that tells me is that the inventor was too unoriginal to even come up with a better name. If he'd titled it "the wheel", would it be accurate to claim that a patent was granted on the wheel?
>I think you misunderstand my point. I did not claim that this person patented linked lists. I claimed this person patented a trivial enhancement to a conventional linked list, and did not provide any implementation detail (which is really what makes it trivial).
I actually think you misunderstand my point. I agree that this is trivial and obvious. However, that doesn't justify exaggerating the actual claims ("linked list patented!"). People who are already dead-set against software patents might enjoy this, but they're just being self-congratulatory, and there's no real point.
People who are in favor of software patents or on the fence will instead recognize the exaggeration and dismiss the argument as disengenuous. Worse, they may take this as evidence that the anti-software-patent movement has no real basis, because the movement demonstrates that it has to exaggerate in order to even make its point.
You don't seem to understand the patent system in the US. Title and summary of a patent tend to mean shit. When a judge is ruling on a patent violation, they will only take the claims of the patent into account.
The title of the patent is "Linked List". How is that an exaggeration?
> If Subaru were issued a patent for a new method of fuel injection, would it be appropriate to claim that they were issued a patent for the internal combustion engine?
I think you misunderstand my point. I did not claim that this person patented linked lists. I claimed this person patented a trivial enhancement to a conventional linked list, and did not provide any implementation detail (which is really what makes it trivial).
On the subject of implementation, I do not see a data structure description as an implementation, any more than I see an algorithm as an implementation. Being an electrical engineer I am biased towards thinking of implementation as an actual, functional system (not necessarily hardware). I know there are many patents where this definition of implementation doesn't hold, but that is why I am uncomfortable with software and business method patents in general, and think chemical and drug patents should be a special category.