LWN.net Logo

Rackspace sued for hosting GitHub

Rackspace sued for hosting GitHub

Posted Sep 19, 2012 8:02 UTC (Wed) by Seegras (subscriber, #20463)
In reply to: Rackspace sued for hosting GitHub by b7j0c
Parent article: Rackspace sued for hosting GitHub

> i am nearly ready to say that working within the system is no longer
> viable

I don't know. I largely ignore software patents, because they're all illegally granted anyway. Which brings me to the second point:

Why hasn't anyone sued for a software-patent infringement gone for the heart? Which is, that EVERY patent law on earth forbids patents a) software and b) mathematics (which software also is).

I know there are completely bogus rulings on this, for a) namely in re Appalat http://scholar.google.com/scholar_case?case=4571960268239... and in re Prater http://scholar.google.com/scholar_case?case=2299319819326... but this doesn't mean it's impossible to get another court to realize that they have no basis in reality. The same with the completely hare-brained interpretation of "algorithm", where courts also maintain a view which has no basis in reality (something like ruling that the value of Pi is exactly 3).

But nobody has yet gone for that and argued that these patents ALL must be invalid because a) putting software on a computer does not make that computer a new device and b) software is math.

I mean, it's not like that would be your only defence (usually it's: you're suing in the wrong place, you made procedural errors, we do not infringe, the patent is invalid anyway -- everything you can heap on it). So you could easily add this.


(Log in to post comments)

Copyright © 2013, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds