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The Rise and Rise of Software Patents

Posted by Roblimo on from the everything-already-belongs-to-somebody-else dept.

Dean Povey writes "LinuxJournal has a great article on the plethora of bogus software patents and their possible effects on the Open Source community." This isn't "new" news (it was published Aug. 10), and a lot has aleady been written on the subject, but this is one of the most thoughtful articles I've seen about software patents, and their effects on Linux and free software development in general.

4 of 109 comments (clear)

  1. Re: Ok, so what do we do about it... by Gleef · · Score: 3

    A few thing are needed:

    The Patent and Trademark Office (PTO) needs to be better funded from the Federal Treasury. One big reason why patent searches are so expensive is the PTO is dependant on user fees for operating expenses. This benefits the big companies, hurts the small companies, and locks out the Free Software developer entirely. They also need to improve their library of unpatented prior art, which will cost them money. Whether or not you think software patents should be abolished, this is necessary, to protect against things such as software patents masquerading as hardware patents. The best way to encourage improved PTO funding is by contacting your Congressmen and Senators.

    The PTO needs to know that it is not enforcing its own rules properly, and it needs to clean up its act. Congress can't really help here, this is a matter of the executive branch. Write to the Commissioner of the PTO (Q. Todd Dickenson), his boss, the Secretary of Commerce (William M. Daley), or his boss the President of the United States (some guy from Arkansas). Apparently the PTO has been making some changes since the Compton's Multimedia Patent embarrassment, but some encouragement from the people would be helpful. Again, even if you feel software patents should be abolished, that won't take the PTO out of the picture, and they still need to follow their procedures better.

    Lastly, if you do want software patents abolished, make sure to do the above, and join and support the League for Programming Freedom. Collective effort is critical for any headway to be made here, and the LPF is the best focus for such effort out there.

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    Open mind, insert foot.
  2. Never give in to legal threats! by AxelBoldt · · Score: 3
    It is of utmost importance for the free software community to never give in to legal patent threats, or else we will drown in them.

    If a company sends you a threatening letter, publish it on your web site and then write right back. Tell them that they will never be able to recover money from you since you don't have any, but that you will fight the case till the end, without a lawyer but with massive research support by the free software community regarding prior art and obviousness. Make clear that they will lose money and goodwill if they dare to file a suit, and that they ultimately must lose.

    Then spend an afternoon in the nearest law library. The law is not rocket science; lawyers are not needed.

    I have personal experience that no company ever files suit against people without sufficient resources. They can do the math.

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  3. Information about software patents by the+red+pen · · Score: 3
    Here is some information about software patents (including why many of them are stupid) written by actual lawyers.

    The site is called "BitLaw" and it focuses on law and technology (US only).

  4. Civil Disobediance by sjames · · Score: 3

    Really, this wouldn't even be disobediance, but what if a large portion of people in the software industry simply printed the article, signed their names at the bottom, and snail mailed them to the USPTO once a week until the nonsense stops (if ever). If they think they're choked in paperwork now...

    Alternatly, each person submits a patent application for a blatantly obvious 'invention'. They HAVE to at least look at each and every patent submission, even if it comes without the required fees (and they have to reply that you must submit those fees for consideration). Just 'forget' to enclose the check and then decide not to patent....