[CLUE-Talk] Obtaining software patents of Linux by "large software makers"?

Timothy C. Klein teece at silverklein.net
Wed Aug 27 12:40:38 MDT 2003


* Kevin Cullis (kevincu at orci.com) wrote:
> Hey all,
> 
> Has anyone heard of this:

Nope.

> In addition, large software makers have been busy obtaining patents on
> the ideas underlying open-source software, making a more difficult path
> ahead. And lawsuits are on the rise, even among those firms that espouse
> open-source thinking. 
> 
> http://www.govexec.com/dailyfed/0803/082503td1.htm
> 
> Where do we combat this?

As I see it, there are only two options.

1) Reform patent law, hopefully making software patents invalid.

2) Open Source/Free Software developers need to start patenting the
things in their code, and pull a 'copyleft' with the patent.

Sadly, I think world peace is more likely than 1), and as far as 2), I
think the average volunteer does not have the time or money to acquire
frivolous patents.  So we could be in trouble.

I guess working really hard to make sure prior art is demonstrable would
make lawsuits easier to defend. But in American court, it ain't about
who is right, it is about who has more money, so that might not be a
bullet-proof defense.

Tim

--
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== Timothy Klein || teece at silver_NO-UCE_klein.net   ==
== ------------------------------------------------ ==
== Hello_World.c: 17 Errors, 31 Warnings...         ==
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