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xophe | 11 years ago
As Knuth implies, this is a fool's errand, and this is the reason why courts should not award any patents protecting an algorithm at all.
As a thought exercise, is "A website that advertises a series of random beers from a known collection of user preferred beers" mathematical?
No? Then, is a random shuffling algorithm mathematical based on a vector of inputs mathematical? No? How about the following code?
void sort(int *arr, int len) for (int i = 0; i < len; ++i) { r = rand % len; swap(arr + i, arr + r); }
Not mathematical? Then what about a function "s" described as s(x) = f(g(h(x))), where x is a vector, h multiplies the vector by the identity matrix, and g multiplies its input against the set of all possible matrices such that all elements are 1 or 0 and there can be at most 1 non-zero element for a given row and column, and f chooses a random input from its set and returns its multiplication against a vector of 1s?
These are, at their core, all algorithms, and they are all mathematical. The courts have already established that the "Internet of things" is not patentable, which is why the first example transfers to the second. This is admittedly a poor example, but for a better understanding read Knuth's "Fundamental Algorithms."
throwawaykf05|11 years ago
Applying that to your example, note that a patent on "random ads" would not preempt anyone else from using shuffling algorithms, and hence it is not the algorithm being patented.