On Fri, 24 Apr 1998, Fred W. Noltie Jr. wrote:
> 'The greatest danger facing freeware today is software patents. When
This isn't exactly true. You can't simply declare a patent. There are a
number of issues that really prevent this from being a problem.
> the open software model on technical merits, they'll patent everything
> they do and require licenses and NDA's for any interoperability.'
Patents were designed to protect inventions, and as such, only inventions
can be patented. Most computer software does not count as an invention.
Algorithms are the exception, because they are considered an "industrial
process" which is allowed to be patented. Software in general is not
allowed to be patented, as nothing has been "invented." Only code has
been written, and it is covered by copyrights, not patents. Specifically,
you absolutely cannot patent an idea, so no one can patent the idea of a
word processor, GUI, command line, disk drive, or such. (In the case of a
disk drive you could probably patent your design for a process to lay the
magnetic coating on the disk, or your new spindle assembly, or what have
you, but only if you actually invented it, and it is not in common use
already).
The only thing that can be patented is an algorithm, and only an algorithm
which falls under the general patent restrictions of not being "common
knowledge" within the industry. Therefore, you don't have to worry about
anyone patenting hash tables (common knowledge), TCP/IP or X windows (not
algorithms) or anything else.
The patent's restrictions on algorithms pretty much, in the modern world,
are restricted to cryptography and compression. And there haven't been
any real improvents in compression in the last 10 years or so, either;
most of the widespread general-purpose compression techniques are
basically public domain at this point. Video and audio compression such
as used in .mp3's, AVI's, or QuickTime are something of an exception. (By
the way, whoever it was that made the pre-compiled version of xanim, what
you're doing is illegal and jeopardizes the future of xanim. Read the
license agreement. The author is very clear on what he is and is not
allowed to distribute and why.) But RSA's patents on cryptography do
wonders for driving up the price of secure communication software.
> not fight fire with fire? Why don't the authors of free software
> patent *their* works of genius, and use that to require that anyone
Patents cost kind of a lot of money. By the time you're through with the
research, attorney's fees, application fees, etc., etc. you end up paying
several thousand dollars. Not bad if you're Du Pont, but kind of a lot
for Linus to pay out of his pocket. :)
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