Tridge on patents [LWN.net]

Tridge on patents

Posted Jan 28, 2010 8:33 UTC (Thu) by nettings (subscriber, #429)
Parent article: An LCA 2010 overview

There are two assumptions I find questionable:

> The situation changes, though, when we find an effective workaround for a
> patent. That workaround essentially invalidates the patent, eliminating
> the threat.

Often, workarounds tend to be kludgy (as is anything that is added to code for other than technical reasons), and a second-rate solution at best.

> After a few episodes like that, the free software community will look
> like the "toughest, meanest kid on the block," and patent trolls will be
> inclined to leave us alone.

I don't follow. Even if $TROLL has to write off a patent due to an effective workaround, this does not constitute an effective counter-weapon when it comes to other patents.
As much as I'd wish this to be true, it strikes me as overly optimistic.

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Tridge on patents

Posted Jan 28, 2010 12:51 UTC (Thu) by njh (subscriber, #4425) [Link]

I think that the suggestion is that the free software community should make a habit of turning all its development guns on undermining/working-around the claims of the patent every time someone goes after a free software project for patent infringement. If such push-backs are generally successful in undermining and destroying the commercial value the patent in question, then patent "owners" will learn that it is not in their interest to go after free software projects.