Software patent
From BinaryFreedom.INFO
Software patents, otherwise known as computer-implemented inventions, are patents on ideas, techniques, or algorithm embodied in software. If a software algorithm is patented, no other program can use the same algorithm even if the implementation is entirely independent.
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[edit] Dangers
Software patents are harmful because they hurt free software. Once a proprietary (or free) program uses a certain technique, free software can not use the same technique even if they do so unknowingly. Independent innovation is not a defense to patent infringement (as it is for copyright). Because of the vast number of patents, it is not always even possible to tell whether a technique is patented without a costly patent search.
Free software organizations are at a disadvantage here, as they may not be able to afford such searches. Thus, they are likely to infringe accidentally and be liable. Even when we know a technique is patented, we can not buy a license (even if we wanted to) because such licenses are usually made for a certain product or company, and a given number of users. All of these conditions are problematic for free software. A modification (even to an unrelated part of the program) may make it count as a different program. If a new company redistributes the program, they may not fall under the existing license. Even if it were possible to track the number of users, and the other problems didn't exist, it would still be infeasible for free software to get a patent license that charged per user. A free software author can certainly not pay per user royalties when they do not earn royalties per user.
Another problem with patents is that they restrict the use of certain formats. For example, technique for compressing and uncompressing GIFs was originally patented. That meant free software couldn't legally open compressed GIFs. The PNG format was invented to replace it, but existing compressed GIFs were still off-limits. The MP3 format is still patented, so Ogg Vorbis was invented to replace it. In both these cases, the organizations that owned the patents originally promoted wide use of the formats, then began costly enforcement.
[edit] Solutions
There are several ways to deal with the patent problem. The most obvious is to simply not use patented formats or techniques. However, this is very problematic when the format is wide-spread or the technique is essential to a particular form of software. In that case, it may be necessary to fight the patent. There are several ways to do so:
[edit] Patent search
Patent law requires that a patented technique not be previously used. In many cases, especially involving software, patent offices do not check this as thoroughly as they should. Thus, several organizations conduct patent searches to prove that the technique was used before it was patented, which should invalidate the patent.
[edit] Retaliation
Some organizations purchase or file patents, then cross-license them to other patent holders. This protects both organizations from patent lawsuits, though others are still vulnerable. The Open Invention Network has several patents that they will license at no charge to anyone who agrees not to assert patents against the Linux kernel or any of a list of free GNU/Linux applications.
[edit] Licenses
Traditional free software licenses have only granted patent licenses implicitly, if at all. This is because not many patents were being filed on software when these licenses were drafted. Newer free licenses, such as the Common Development and Distribution License, Common Public License, and GPLv3 (in progress), grant explicit patent licenses. Such licenses may also terminate for some patent lawsuits.
[edit] Law
Europe does not yet allow software patents, at least not the extent the United States of America does. However, they are trying to add them. Free software activists should oppose the legalization of software patents in Europe and work for their abolishment in the United States.
[edit] External links
- Fighting Software Patents - Singly and Together at the Free Software Foundation
- No Software Patents - Opposes the legalization of software patents in Europe
- Open Invention Network - Patent pool that is licensed to protect certain free software
