patent infringement

Greg Rundlett greg at freephile.com
Mon Aug 2 20:05:01 EDT 2004


<quote>
Linux may infringe on 283 patents
</quote>

This is an excellent example of how wrong our patent system is.  All (large if not small ones too), useful software programs will infringe on some software patents.  Not because the infringement is intentional, but because it is unavoidable.  It's getting more unavoidable by the day.  Microsoft has the stated goal of filing 3,000 (software) patents this year.  The only way to fix the situation is to change the patent law so that software is specifically excluded from the realm of applicability for patent coverage.  Or, you can support the current system and pay $150,000/yr for liability insurance or $2-4 million to litigate each patent infringement case.

Remember, patent infringement is NOT copyright infringement.  You can think of something in a dream, code it the next day, and be infringing on someone's existing patent.  The sad part is how major media confuses these two distinct areas of law.  One of the headlines on this story is Linux Accused Of 283 New Copyright Violations <http://www.cxotoday.com/cxo/jsp/index.jsp?section=News&subsection=Business&subsection_code=1&file=template1.jsp&storyid=1285>

Good coverage by Roblimo at http://trends.newsforge.com/trends/04/08/02/0311202.shtml

-Greg




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