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Software patents no bigger threat to Free SoftwareSoftware patents no bigger threat to Free SoftwarePosted Aug 6, 2004 12:31 UTC (Fri) by NRArnot (subscriber, #3033)Parent article: Software patents no bigger threat to Free Software than to proprietary software Software patents may be more of a threat to proprietary software. If you write software as a private individual and make it available for other people to copy, I don't think you can be sued. You aren't infringing, because you aren't using the patented invention for gain. Indeed, unless I'm misinformed, you are quite entitled to build a patented contraption (even working from the patent itself) for personal education or to satisfy curiosity. It's profiting from it that's infringement. And the people that take copies? Well, if they are using your work for profit then they are infringing. But it's a lot harder to stamp on a zillion small infringers than on one outfit selling proprietary, infringing software for their own gain! Obligatory disclaimer - I am not a lawyer (and what little I know pertains to the UK, it may not generalise to other countries).
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Software patents no bigger threat to Free Software Posted Aug 6, 2004 22:34 UTC (Fri) by JoeBuck (subscriber, #2330) [Link] No, the distributor of a free program can still be sued for damages (lost sales for the proprietary program put out by the patent owner).
Software patents no bigger threat to Free Software Posted Aug 9, 2004 17:37 UTC (Mon) by ironhacker (guest, #11389) [Link] >"Software patents may be more of a threat to proprietary software."
I agree, but not for the reason that you state. Proprietary software faces the biggest patent risk because companies that directly profit from the code have money worth taking. People with minimal assets are not very attractive targets. Only a few companies will spend money on this type of pursuit. If that is not enough, I can think of a number of ways for OSS people to make themselves even more difficult targets. Besides, once the code is out "in the wild", good luck putting the genie back into the bottle (e.g. P2P, DeCSS).
Suing the users of the code is not any better -- ask SCO how well they are doing with Daimler Chrysler and Autozone. Statistically, end users face a more plausible threat from a BSA audit than a patent infringment lawsuit.
When I was 18 years old, I was shopping for car insurance. The minimum legal coverage was $40,000. Naturally, the insurance agent wanted me to buy even MORE insurance, despite the fact that the rates for 18-year-old drivers were exhorbitant to begin with.
The sales pitch: "If you had an accident and the damages exceeded $40,000, wouldn't you want to protect yourself from liability?".
My response: "I don't own anything of value, so having the minimum legal coverage is the ultimate protection. Nobody will sue me because there is no reward for winning. "
Software patents no bigger threat to Free Software Posted Aug 12, 2004 9:10 UTC (Thu) by bignose (subscriber, #40) [Link] > If you write software as a private individual and make it available for> other people to copy, I don't think you can be sued. You aren't infringing, > because you aren't using the patented invention for gain.
Non sequitur. Just because other people are invited to freely share my code, doesn't mean I'm not making money off it.
Who are you calling Bignose? Posted Aug 20, 2004 6:38 UTC (Fri) by xoddam (subscriber, #2322) [Link] Where are you two from, Nose City?
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