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

[Jed S. Baer]

On Wed, 27 Aug 2003 12:40:38 -0600
"Timothy C. Klein" <teece at silverklein.net> wrote:

> > 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?
> 
> 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.

First off, where's the beef? In that whole article, there's only this one,
small, vague, reference. Note the use of the verb form indicating present,
ongoing action. Prior art would seem to be a given, considering the
wording of the paragraph.

I also have a hard time believing a writer knows what he's talking about,
when he writes things such as "which is being used more for computer
servers than applications". What does he think runs on applications.
Always makes me question how well the writer understands the topic.

But anyway, the truth is that software development has existed in a patent
mine-field for quite a while -- Open-Source, or not. There are a lot of
defensive patents. Just look at IBM's counter-claims agains SCO.

http://lwn.net/Articles/43592/

 * April 11, 1989 to Torres, entitled "Method of Navigating Among Program
Menus Using a Graphical Menu Tree".

I'm more inclined to agree with Perens' arguments, that the danger lies in
avaricious companies acquiring old patents, and mining them for all they
can sue for. But it didn't sound as if that's what the writer was
referring to.

It almost seems as if, in the patent world, there's certain flavor of MAD
(Mutually Assured Destruction) keeping patent wars in check. It's a "I
won't sue you if you won't sue me." understanding.

jed
-- 
... it is poor civic hygiene to install technologies that could someday
facilitate a police state. -- Bruce Schneier