Kuhn: I Think I Just Got Patented

Kuhn: I Think I Just Got Patented

"For example, if you're on a Debian-based system, and you write a quick and dirty Perl script to scan depends fields and license fields of packages to check for violations, you infringe."

Assuming that is true, just how does BlackDuck believe they can monitor this kind of situation and enforce license revenues or accrue violation penalties? CSS encryption, anyone?

The Internet is littered with scripts, code snippets and descriptions of such that do this and which have been legally available on line for years. Such code has probably been in textbooks and in online examples of search and sort techniques. People can email these scripts to each other, or print them out and snail mail them to anyone.

Also, other commercial products that monitor license compliance have been around for years, as well. My last employer, before I retired, was using an application that did that in 1997. About the only thing BlackDuck can do is prevent competitors from offering a similar software package, or stop those that already do.

This is just another sordid example of why the USTPO needs an overhaul and why Bilski is needed. But, judging by the behavior of corporate America in the past, you can rest assured that they are spending millions, if not billions, bribing (a.k.a campaign contributions) Congress to pass legislation which would nullify Bilsky regardless of what SCOTUS does.