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Comment by andrewljohnson | Hacker News Reader

Oh what a world. A data structure should never be patentable - what's the difference between a data structure and a math formula? Both are just notations for reality, and can spring up in the minds of many disparate inventors.

I'd really like to see TokuDB discuss its patents, why they have them, and what they intend to do with them. I'd like to see a page like that from every corporation on their website actually.

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"A data structure should never be patentable - what's the difference between a data structure and a math formula? Both are just notations for reality, and can spring up in the minds of many disparate inventors."

Can we please let this disingenuous argument die already? Yes, in theory they can spring up in many minds independently. In practice they rarely do unless they are trivial. If the alleged disparate inventors can prove they came up with it independently, fine; the onus is on them.

The onus placed on them is too great when it appears as a dilemma between a yearly $X0,000 extortion or one-time $X,000,000 lawsuit.

Fair point, though the lawsuit cost insanity is hardly limited to patents.

That's absolutely true, it's far too easy to get in a situation like that even without considering patent law. I just think patents make the scatter-gun approach too accesible, and the damages are far too high. Software doesn't need to protect R&D costs on FDA studies and years of testing. If the goal is to foster innovation, either software patents should be abolished, or there should be very reasonable limits to damages, or there should be a simple and inexpensive way to trigger a review that invalidates ridiculously obvious patents such as "scan-to-email" and friends.

In practice, independent invention happens all the time, and we end up with absurd patent lawsuits as a result.

AFAIK none of these ludicrous patents are about data structures, algorithms or math formulas.

I find that somewhat difficult to accept, given that pretty much every single patent that touches software is ludicrous.

Can someone in the know elaborate on the current state of US patent law here? And what exactly TokuDB / the universities hold a patent on?

Curious outsider here, and understand that all IANAL caveats apply.

IANAL, but the patents are owned by the universities where the founders work, not by the company. I don't know if this makes you feel any better though.

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