The Technology Liberation Front - Latest Comments in Software Patent of the Week: The Threat to Open Source Software

Re: Software Patent of the Week: The Threat to Open Source Software

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Re: Software Patent of the Week: The Threat to Open Source Software

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Re: Software Patent of the Week: The Threat to Open Source Software

Jerry Kew — Wed, 09 Aug 2006 09:49:28 -0000

I can't stand the use of Patenting for *obvious* stuff, and am fed up with that, however, we have developed a non-obvious, very interesting new interface for a market. We would like to get the benefit of that in one of our markets before the big boys simply copy it and flatten us, a patent seems to be the way to go to protect us *for a while*, however, I would be happy for it to be only 3-5 years, giving the chance for us to make a name with what we innovated, then unbundle it. That would help me get investors over the next year or so, knowing we had an "incubation window" for our idea.
thoughts?
J

Re: Software Patent of the Week: The Threat to Open Source Software

Gary McGath — Tue, 11 Jul 2006 16:17:22 -0000

If encapsulating database records in objects is a patent violation, then all the code I've written this week is in violation. Why don't they just say that writing software is illegal, rather than make it piecemeal impossible to write code legally?

Re: Software Patent of the Week: The Threat to Open Source Software

Steve_R — Mon, 10 Jul 2006 09:49:10 -0000

Cnet has an artilce titled "Newsmaker: Have patent, will sue". Needless to say, I do not agree with the position of Paul Ryan the CEO of Acacia Technologies, but it is worth reading the views of the opposition.

Re: Software Patent of the Week: The Threat to Open Source Software

Anonymous — Fri, 07 Jul 2006 16:16:08 -0000

I know I've said this several times, but software patents are going to damage the software industry.

The software patent system amounts to regulation of the software industry. I believe that fear of patent litation already hampers innovation in many markets. How is this good for the consumer? How is this good for anyone? I can't even see how this is good for the patent holder?

Everyone knows that competition opens markets. In the early days of 3D acceleration, such hardware was extremely expensive. For example, early systems from SGI cost hundreds of thousands of dollars. Why? Because the market was small. A company cannot price inexpensively in a small market. What happened when low-priced competition finally arrived in the mid-nineties in the form of companies like Rendition, 3DFx, and nVidia? Did the market explode or not?

Software patents keep markets closed and prices high. The entire system of software patents reminds me of the state controlled market found in some [unsuccessful] countries. I am not a Republican and this is not a partisan issue to me. That said, the issue of software patents seems like a form of big government, where the power to regulate the industry is handed to the patent holder or to his/her lawyers. That's a lovely idea. [Hold on while I throw up my lunch.]

Re: Software Patent of the Week: The Threat to Open Source Software

Tim Lee — Fri, 07 Jul 2006 12:47:45 -0000

I'm sorry, by "this" I meant Perens's broad point about the threat software patents pose to free software. Thanks for pointing out the ambiguity.

Re: Software Patent of the Week: The Threat to Open Source Software

Ned Ulbricht — Fri, 07 Jul 2006 12:26:30 -0000

I think this is a big part of the reason.

Wait a minute... your "this" reads to me as an ambiguous reference. In the preceding paragraph you're talking about prior art and obviousness. But in the next sentence you're talking about a problem with collecting royalties. So which one do you think is the "big part of the reason"?

Re: Software Patent of the Week: The Threat to Open Source Software

MikeT — Fri, 07 Jul 2006 08:57:23 -0000

What we need is a law that says that if you sue someone for a patent violation and it's frivolous, you lose your patent. Even better. If you use the patents as part of a SLAPP-style lawsuit to shut down a small competitor, the competitor can claim some of your patents as part of the spoils.