[Discuss] discuss at blu.org

[Hsuan-Yeh Chang]

> In regards to the RMS talk, even if you don't buy his case for the
> abolition of software patents, most of his reasoning applies equally
> well to making a case that any purely software invention should be
> granted a substantially shorter protection period, simply because
> software invention is comparatively easier. (One could pretty easily
> expand on that line of thinking. For example, no need to make massive
> capital investments in factories, etc. to produce a software product.)
> 17 to 20 years of protection is laughable. 3 years would be more like
> it, though if that's from time-of-filing, and our approval process
> doesn't get streamlined, it would need to be more like 5 years.

Shortening the protection period for "software" related patents looks
to me a more feasible approach that Congress might eventually take.
But again, that's quite a big change of the patent system and would
take quite a huge effort to make that into reality.

> The current patent system has a measurable negative impact on my
> business as a contract developer of software solutions. More often I'm
> seeing clients seeking to put patent indemnification clauses into their
> contracts. If such a clause is present, there is no action my business
> can take to avoid liability. With a copyright violation, you are fully
> aware that you are copying someone else's work, and this can be easily
> avoided (and management can use tools to insure employees aren't
> infringing). But with patents it is an impossible task. Even if you took
> the impractical step of performing patent research on every line of code
> you produce, that code is generally kept proprietary, and not patented,
> and thus could be in violation of a patent published in the future, and
> you'd have no prior art as defense.

Indemnification of patent liability is a contract term that suppliers
may bargain for with their clients/customers.  If you want to
indemnify only "willful" patent infringement, I would suggest that you
talk with your clients/customers.  If your customers insist on
indemnification of ALL patent infringements, then you may consider
either not to take their business, or add the heightened risks to your
price tag, or take the risk regardless.

HYC