Use of patented code in the kernel [LWN.net]

Use of patented code in the kernel

Posted Dec 24, 2003 18:41 UTC (Wed) by smoogen (subscriber, #97)
In reply to: Use of patented code in the kernel by brugolsky
Parent article: Use of patented code in the kernel

The main issue would be that code would probably have to be housed, developed, and stored outside of the countries with lunatic patent laws. There is probably some precedent that even if code is '#define' out of working, it could be looked as either negligence or aiding and abetting criminal intent

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Use of patented code in the kernel

Posted Dec 29, 2003 13:52 UTC (Mon) by wookey (subscriber, #5501) [Link]

I don't actually think this is practical, but it would be really nice if something like this could happen (especially if it moved to somewhere in Europe) as a concrete illustration of why Europe will benefit from better software if it keeps software patents out (as opposed to following the US route).

Politicians need real examples of 'we moved our business from the US to Europe because the legal patent environment was so much more favourable to developers and innovation'. OK kernel development isn't exactly a business, but a lot of business do rely on it, and it's high-profile enough for people to take notice.

Much like the daft US crypto-export laws, patches and software were maintained elsewhere and everyone except Americans benefitted, and eventually the US had to back down. Something similar needs to happen with patents.

Of course the battle in Europe is by no means won and we could be moving things again by the end of next year if the pro-patent lobbyists win (and they include many powerful institutions and organisations, who have woken up now, having lost the first round).