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Tandberg Attempts To Patent Open Source Code
An anonymous reader writes "As if the current situation with software patents wasn't bad enough, it appears a new phenomenon is emerging: companies are watching the commit logs of open source projects for ideas to patent. In this case, Tandberg filed a patent that was step-by-step identical to an algorithm developed by the x264 project — a mere two months after the original commit. The particular algorithm is a useful performance optimization in a wide variety of video encoders, including Theora."
You know how you ghouls are always "Consult a lawyer before doing anything!!!!ELEVEN!!!" ?
If you read the patent claim and compare it to the published assembly, it's identical.
Oh, you don't speak assembly? Then consult a coder before spouting off your Class A Federal Alpha Constitutional wankspeak.
If you were blocking sigs, you wouldn't have to read this.
Sounds like a great idea. That will be $10,000 (about the bare minimum to file a patent and prosecute it through issuance).
Something that is much easier and much cheaper for open source projects/idea to do is to submit a Defensive Publication, I talked with Tom Tyson of the Open Invention Network (http://www.openinventionnetwork.com/) a while ago and he explained the beauty of Defensive Publications. Basically the patent offices scour defensive publications prior to issuing a patent and if they find anything then the patent gets rejected. Therefore making it unable to patent by anyone else. These are easy to write up and their lawyers review them and submit them. I will be submitting many of my idea this way so nobody can claim patents on them, it is free. The website is http://www.defensivepublications.org/