Prior art won't solve the software patent problem (NewsForge)
Posted Sep 21, 2006 13:39 UTC (Thu) by nim-nim
In reply to: Prior art won't solve the software patent problem (NewsForge)
Parent article: Prior art won't solve the software patent problem (NewsForge)
As other people more knowledgeable than me have written:
- work on separating software IP law from biotech IP law,
- make clear patents have no place in software IP law,
- don't waste time trying to make software patents work.
Patents mean patent lawyers and patent offices. You can't get rid of them the way you can get rid of copyright lawyers by choosing a generic license (like GPL) and not reading protected software code. Regardless of whether you choose to pay patent lawyers to contest patents or prempt the fight by paying patent specialists to maintain a prior-art database you're effectively financing the patent system for zero win.
Prior art databases or patent pools aren't ways to get rid of the software patent costs. They're ways for patent lawyers and patent offices to make the ongoing costs indirect enough and diluted enough people do not notice them.
The OSDL does not have unlimited resources - every cent spent on this database won't get spent on other FLOSS initiatives. In other words, software projects will still foot the bill.
And it doesn't even remove the patent threat, as some patents will pass through the net and will be used against software projects.
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