26 Jan 2005 00:50
Beauprez on Sun, IBM and the Tragedy of the "Patent Commons"
Seth Johnson <seth.johnson <at> RealMeasures.dyndns.org>
2005-01-25 23:50:23 GMT
2005-01-25 23:50:23 GMT
-------- Original Message -------- Subject: Sun, IBM and the tragedy of the "patent commons" Date: Tue, 25 Jan 2005 17:32:40 -0600 From: "Christian Beauprez" <campaign <at> codeliberty.org> > http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/01-25-2005/0002902287&EDATE= "Addressing the patent system that is under siege, Sun's pledge of open access reduces the quagmire for developers who previously had to walk through a minefield to avoid infringement and enables them to confidently produce derivative works without fear of reprisal or patent claims." - Sun statement The problem is that I don't consider an original piece of software to be a "derivative work" because it infringes patents. It is an original work if it is the author's intellectual creation. (As Berne Says) The thing I find really sad about companies clinging to patents and offering give aways even though everyone knows the system is hopelessly broken is that they are no doubt being promised by their teams of "IPR" lawyers that if they only hold on for a bit longer and increase the scope of patents somehow one day they will inherit the earth. In actual fact IBM and SUN are less safe, the only people who fear their patents are small developers who write software. The troll companies, often full of the same lawyers that are telling them how wonderful the patent system is, can still cause untold amounts of damage to both companies. In contrast to SUNs patents all the trolls need is one to start a lawsuit and since they don't produce any software the counter threat of IBM and SUN'S 10000 patents won't protect them at all. In terms of a "patent commons" we already have a "commons", one of abstract ideas that are not protected by copyright (it's free and doesn't cost $1,000,000's to waste on lawyers only to give it away), software patents will destroy this commons and replace it with a new inferior model where independent creators become serfs that work on "derivative works" that they themselves create. Christian Beauprez -- www.codeliberty.org -- Software Authors Have Rights. -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.7.3 - Release Date: 1/24/05 -- -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.7.3 - Release Date: 1/24/05