IBM just announced [PDF] that they will allow free use of 500 of their patents in Open Source programming with no strings attached.

This is fantastic news, patents were set to be the next battleground that MS and co may drag Linux and OSS (Open Source Software) into, in order to potentially create more uncertainty about OSS . This move of donating free patent usage for OSS is likely to spread to other companies as they will not wish to be overshadowed by IBM’s support of Linux and OSS in general. IBM is actually in support of the EU software patent initiative, which makes sense because they have more IT patents then pretty much anybody. We can only hope that once they are making most of their money from OSS support contracts, they will see the light and join the fight to stop the big boys using patents to fight off the little boys. In the mean time, their large investment in OSS, and their massive patent portfolio might make people looking for a quick bit of cash think twice about picking OSS as a target. (SCO appears to be learning this lesson the hard way.)

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The EU after finding out that they don’t have the majority vote on approving the software patent directives have found a new way to try and push it though without giving it the scrutiny it deserves. They are apparently going to put it to an EU meeting of Fishery experts.

It really makes you wonder who is funding this from the shadows as this is not the first time they have tried it and I can’t imagine they would be this devious in getting it pushed through if they were not getting something in return. As we all know, the really big software companies love software patents as it gives them a means to drag smaller competitors though the courts for years and drain them of cash.

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In what tentatively appears to be a win for the good guys, the European Union has delayed voting on software patents until sometime in 2005. The reasons for the delay are many and varied, but the most significant reason is that they no longer have the majority, and a vote could well kill off the proposal. So they probably put it off until such time as they can work out a way to push it though without opposition. My guess is that there is a good many dollars behind this proposal, big software companies desperately want software patents in place as it’s a very effective weapon to use against your competition. (Look at the situation in the US if you don’t believe me.)

With many European countries eager to distance themselves from reliance on US big business, they are not too keen to vote in laws that are likely to cement their reliance on Microsoft for desktop and server software. Countries in which OSS (Open Source Software) is growing in popularity are showing a growing desire to remove software patents from the table, and rightly so because software patents are just an excuse for frivolous litigation used by big guys to kill off little guys. Software is copyright, you don’t patent a book, you copyright it, software is exactly the same. We don’t need to hand big monopolies any more tools with which they can oppress the competition.

Franki

It’s been along time coming, but European countries are starting to really think hard about the implications of the proposed software patent directive that is being discussed by the EU at present. Poland has just withdrawn their support for the directive in it’s current form.

This is good because it stops companies like this one who’s entire business is to sit around and come up with or buy ideas that they can patent. They then wait around for someone else to do the hard work, and then they go and hit them up for easy cash. It’s similar to domain cyber squatting, but legal and with allot more money involved. (Patent cyber squatting?)

Europeans have another reason to ditch the idea of software patents. Microsoft is an American company, and right now the Europeans seem to want to distance themselves from the US in any way possible. Being tied to MS software is not something they want forced on them. Microsoft has recently indicated that at some stage it or someone similar will come after Linux users for patent infringement, (thinly veiled threat?) Having a system like that of the US where people can patent ideas like computer to-do lists is going to cause massive problems to Linux uptake in the future, even if they patent threat is non-factual. Read more about Poland dropping out here.

Franki

In an effort to stop Europe from following the US into patent depravity, a new site has been launched to try and co-ordinate efforts to lobby against software patent adoption from being put into place in the European Union.

Patent wars are only a possibility for companies with very deep pockets, as has recently been demonstraited by Sun’s payout to Kodak of 92 million US dollars. The question to be asked, is what happens to small developers and Open Source groups? If companies are allowed to patent basic software building blocks, then you will eventually not be able to write anything without stepping on somebody else’s toes patent wise. Which means that you either have to have millions, or you have to work for one of the big companies, or you have to find another occupation.

The new site http://www.nosoftwarepatents.com has the backing of some significant companies, not the least of which is ZDNET.

Any of my readers in Europe should really write to their local members about this, because if it goes though, you can expect the cost of software to rise as well. After all, if you have to pay millions of dollars to licence patented ideas, you’re going to pass that cost on to your customers aren’t you?

While you’re out browsing, you might also want to check out protectinnovation.ffii.org.uk as well.

Regards

Franki

In another example of stupid vague software patents being used for easy money, Kodak has just won a case against Sun on the basis of a process that is intrinsic to programming. That of one program quering another program, a widespread and basic software process.

Kodak want one billion dollars to be handed over to them because of the verdict.

Read about it at news.com.

The patenting of vague ideas in software has to stop if software is to continue evolving. Half of the problem in this case is that the laymen in the court didn’t understand that the idea was a basic software process and therefore the patents should never have been granted in the first place. I’d also guess Sun will appeal this.

Rgds

Franki

In a victory for anyone with enough sense (and no agenda) to be against stupid and vague software patents, the “United States Patent and Trademark Office” have rejected Microsoft’s attempt to patent the FAT file system.

It is believed that Microsoft would have used this patent to get license money from companies making devices that use the FAT file system. That includes most digital cameras, many MP3 players, PDA units and recently a few models of Mobile phones that now include flash cards or micro hard drives.

PubPat (Public Patent Foundation) has the full story here.

This is not only a victory for common sense and cheap consumer products, it’s also a victory for Open Source, because it removes another potential patent problem from Linux distro’s, all of which can create, read and write FAT file systems. (all of which was done to create better interoperability with Windows.)

Also see coverage at The Inquirer and The Register and News.com and
Internetnews.com and Eweek not to mention LinuxToday.

Regards

Franki