Sun Files For Patent on Software Licensing Method

cft_128 writes "CNet writes that Sun Microsystems President Jonathan Schwartz has filed for three new patents, one of them on the companies per-employee software pricing plan. The pricing patent application was summarized: 'Method for licensing software to an entity, including determining a per-employee cost for the software, determining a number of employees of the entity, and determining a total licensing cost using the number of employees and the per-employee cost, wherein the total licensing cost comprises a software license for all employees of the entity and all customers of the entity.' The plan was introduced last year on Sun's Java Enterprise System, charging $100 per employee. Schwartz did say that any money the patents generate will be donated to charities."

Comments

Re:I am missing out

[Halo1]

... which should have failed the "not innovative because it's obvious" test.

Actually, it should have failed the patentable subject matter test (which is performed before they look at novelty or obviousness), because it's either a business method or a computer program, neither of which is patentable according to the European Patent Convention.

Bad patent laws are like all other laws. If there are enough bad laws, it brings all law into disrepute, and people no longer feel obliged to obey them. We're seeing this with both patents and abusive copyright extensions.

The problem with being an outlaw is that it immediately weakens your position, even if you're "right". We need at least some respect for the law (even if it doesn't suit you), otherwise society as we know it would disolve into total anarchy. It's very hard to make it objectively clear that the law is plain wrong in a certain case as far as the general interest in concerned, and that you're not just promoting your personal (or small lobby group's) interests.

Historically, the best example of this was probably Prohibition. It resulted in criminals becoming folk heroes (Bonny and Clyde, Al Capone, etc)... And we're going to see the same effect with patent laws. People WILL ignore them, because there will be so many bad patents, that there will be no moral imperative to toe the line.

I hope that in Europe, we can prevent the legalisation of patents on software-implemented mathmatics and business methods so it doesn't have to come this far. And just maybe, it may help the push for a real reform in the US as well.