Software patents no bigger threat to Free Software

Posted Aug 5, 2004 22:53 UTC (Thu) by mgh (guest, #5696)
Parent article: Software patents no bigger threat to Free Software than to proprietary software

Would it be worthwhile to create an open database that lists software patents and then cross-references them with all software; Free and Proprietry? Could be useful to help separate rumour from fact and highlight the true extend of PTO restriction of innovation.

There are no valid arguments to the fact that Free software uses patented "technology". The real questions are "how much" and "when will it bite". Since there seems to be no "Free Patent" community, there is no portfolio to cross license and so there is vulnerability, although redhat have made moves in this direction.

The business rules that surround patent offices seem to allow patenting any idea not already patented (prior art searches against existing patents only). Patent offices appear to be government supported monopolies in the registration of ideas.

Can we create an alternative to PTO to register ideas worldwide or do we have to join to win and agressively register ideas with PTOs as prior art?
Mark

to post comments

It's been repeatedly pointed out ...

Posted Aug 5, 2004 23:47 UTC (Thu) by AnswerGuy (guest, #1256) [Link] (1 responses)

... that such a database is more of a detriment to free software developers because it may offer support to claims of *willful* violation of the patent and result in trebled damages.

As for listing proprietary software, we can't ever be sure that a company doesn't have a private cross-licensing agreement so such a database would be of no value to free software developers, users, or vendors.

Jim

It's been repeatedly pointed out ...

Posted Aug 6, 2004 0:05 UTC (Fri) by mgh (guest, #5696) [Link]

I agree that this would be an issue that needs to be considered; free registration would be one way of helping with this because all visitors would be registered. If you don't want to know; don't register.

With regards to cross-licensing, yes, some will have such agreements, some will not. What we would gain would be information; it would show the scale of the problem and I believe, also show that:

a) patents on software are a huge problem for all sw developers regardless of licensing model
b) using proprietry software will not mean immunity from prosecution
c) the playing field between the free type licenses and others is somewhat more level than is being implied.

Opinion: sometimes groupings of people consider themselves to be somewhat insular. They don't play by the established rules... so they don't need to play by the estabilshed rules. Not true, the sooner the OS community takes responsibility for this issus the quicker it will dealt with.

The real strength of the OSS community is not in the software, its in the method of creating excellent results collabratively ... I believe that the OSS model will scale to other areas with good benefit including this one. OSS is a by product of the net and cheap/free communication much as we are doing here.