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On Software Patent Lawsuits Against OSS

Bruce Perens writes "We've warned you for a decade. Now the monster has finally arrived: patent holders are filing suit against OSS developers." From the article: "We should not be confident that we will continue to have the right to use and develop Open Source software. A coordinated patent attack by a few companies, or even one large company, could completely destroy Open Source in the United States and cripple it in other nations. Funds and patent portfolios that have been established to help defend Open Source would not be sufficient to defend it. Only legislative changes to the patent system can fully protect Open Source and maintain it as a viable source of innovation for our future."

10 of 400 comments (clear)

  1. Re:That's ridiculous by Total_Wimp · · Score: 4, Informative

    The only thing that can destroy Open Source is if people stop writing Open Source Software.

    Which they will if they get sued into oblivion.

    TW

  2. Patent Reform by Reverend528 · · Score: 3, Informative

    It costs too much money to buy patent reform from congress. The only true path to Patent Reform involves reforming the USPTO into a pile of rubble.

    1. Re:Patent Reform by Reverend528 · · Score: 4, Informative
      How the heck did that get modded informative?

      It's a theory of mine that linking to a reputable site, such as Wikipedia will get any post modded informative, even if the link is completely irrelevant.

    2. Re:Patent Reform by Dun+Malg · · Score: 5, Informative

      It's a theory of mine that linking to a reputable site, such as Wikipedia will get any post modded informative, even if the link is completely irrelevant.

      You may be right.
      Chicken (gallus gallus domesticus).

      --
      If a job's not worth doing, it's not worth doing right.
  3. Re:Protect Innovation by peragrin · · Score: 3, Informative

    againist MSFT? hundreds. Eolas comes to mind. of course most simply settle for a couple hundred million.

    --
    i thought once I was found, but it was only a dream.
  4. Letter to your Senator by Logger · · Score: 3, Informative
    Here's a sample letter I sent to my Senator. Modify the pro-blah blah part to fit whatever ideology your senator perports to. A good lobbying tip is to get your congressman to think eliminating software patents is in the best interest of their public agenda, regardless of whatever that may be. Tie your agenda into their's, or you won't easily get their attention. You can do thay by putting some of their mantra in the first sentance, and tieing it into your issue.

    Notice I put the additional information link at the bottom. Probably no one will look at it, that's why it's at the bottom. The Amicus Brief I inlined. Since it is being heard by the supreme court, it's a Washington issue and more likely to actually be of interest to those inside the beltway.

    Dear Senator/Representitive blah blah,
    I'm pro-small business, pro-innovation, and pro-low taxes. Software patents are bad for all those stances.

    Large companies which previously were all for broader and broader patents are beginning to realize the error of their earlier ways. As is seen in this case currently before the supreme court.

    http://patentlaw.typepad.com/KSR%20MicrosoftCisco_ Amicus.pdf

    Lawsuits which are now starting against OpenSource software developers and users will be a terrible drag on innovation and consequently our economy. Half the internet (or more) is power by such software, and that includes government networks. A high cost will be bore by the tax payer if OpenSource software is made illegal by software patents, and the government has to replace thousands of networks running on free software with commercial solutions. Not to mention the transitions costs.

    I am not an OpenSource software developer, but by my business relies on software from companies such as RedHat, IBM, and MySQL which do. If they cannot deliver their OpenSource software, my business will not survive.

    Software patents are stifling innovation and consequently our economy. Please take action to roll back or completely eliminate software patents.

    Further information about software patents can be found here:
    http://technocrat.net/d/2006/6/30/5032
  5. Interesting insights on legal landscape in Europe by Anonymous Coward · · Score: 5, Informative

    Just days before the European Commission's next hearing on patent policy that is still being hatched despite the last directive's overwhelming defeat in Parliament, several recent publications discuss developments of the law on Tux' home continent, and successful steps to avert software patents: The huge new book on "The War over Software Patents in the European Union" by the founder of NoSoftwarePatents has just been released for download. If you prefer a few hundred pages less, see the latest issue of the International Journal of Law and Information Technology for a scholarly article.

  6. Re:Revolt by Beryllium+Sphere(tm) · · Score: 4, Informative

    >The closest we have come to having no voting rights was the last predential ellection, where the liberal parts of Ohio had far too few voting booths

    Closer than that: http://www.gregpalast.com/detail.cfm?artid=385 . Pick a largely African-American district near a military base. Do a mass mailing there. Mark the envelopes "Do not forward". Collect the bounces from the addresses of African-Americans who are in Iraq. Build a spreadsheet of them. You now have the ability to walk into the election offices and say that everyone on the list doesn't really live at their registered address. If the would-be Democratic voter walks into a polling station, they can still fill out a provisional ballot. If still overseas, their absentee ballot will be treated as invalid and simply not counted.

    You also have no voting rights if someone opaquely controls the counting of the votes.

  7. Patent Commons patents are not pledged for defense by Bruce+Perens · · Score: 3, Informative
    The patents in the patent commons are not pledged for defensive use. They are only patents that we are allowed to use without being sued.

    Indeed, some of the patents in the patent commons can be withdrawn at any time. It seems to be a half-hearted effort. Why? Look at the companies on OSDL's board. They are the ones that most profit from software patenting.

    If you want to understand the truth about the patent commons, start at LWN's coverage of their disclosures.

    There is another project called Open Innovation Network, started by Novell, that is supposed to contain patents that really are dedicated for defensive use.

    Bruce

  8. Patent suit against Red Hat and Jboss Hibernate... by donigan · · Score: 3, Informative

    In 1997 the following paper was presented at the 6th International Python Conference: "Persistent Storage of Python Objects in Relational Databases" by Joel Shprentz (http://www.python.org/workshops/1997-10/proceedin gs/shprentz.html) This paper describes exactly what the Firestar patent claims to invent. Appears that the patent office is: A) Lazy, B) un-informed, C) unable to keep up with the imense amount of discovery that is going on, and/or D) an out of touch wreck that is going to destroy inovation in the civilized world. I am a small software developer that was recently forced to abandon a very promising project that I spent 2 years on. This, brought about by a patent troll in NY city. I could not afford the $Millions they wanted or the cost of defending myself against an absurd patent that they bought from the ashes of a bankrupt company. My attorney sugested that I just let it go and not bring my product to market. Oh yes! The patent office is promoting inovation left and right.......in the field of creative litigation. Perhaps, instead of changing the patent office, we should elect people to office that can change the court system in this country to force the people who file un-warrented law suits to pay the legal costs of the defendants, should the suit be shown to be without merit.