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Groklaw Rants On Software Patents 302

LMCBoy writes "Groklaw has the story of Kodak v. Sun (mentioned on Slashdot already), which PJ calls 'Exhibit A' in the case against software patents. Her analysis of Kodak v. Sun, and the larger issue of software patents, is excellent. Bottom line: the software patent 'cold war' provides no benefits to anyone, and will inevitably make the game of software development impossible for anyone to play."
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Groklaw Rants On Software Patents

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  • What about GNU Java (Score:3, Interesting)

    by Anonymous Coward on Sunday October 03, 2004 @06:03PM (#10422510)
    Does this mean the end of GCJ and other "Free Software" java implementations?

    Maybe Sun wanted to lose.

    Or perhaps someone who gave them over a billion dollars wanted asked them politely to lose a case like this.

    • The problem with your argument there is that the particular /someone/ may also be violating that 'patent', and get screwed as well..

      I wonder how this could affect Mono.
      • by Anonymous Coward
        The problem with your argument there is that the particular /someone/ may also be violating that 'patent', and get screwed as well..

        Not true. Remember that Kodak got that particular set of patents from Wang; and in a long ago intellectual debate between Microsoft and Wang, MSFT paid/invested $90 million to settle issues on a set of Wang patents that covered OLE. It's probably the case that this settlement got them a pretty broad IP cross-license including the Java patents.

        • by QuantumG ( 50515 ) <qg@biodome.org> on Sunday October 03, 2004 @07:01PM (#10422826) Homepage Journal
          True, and remember, Microsoft is playing the "our language is standardized" game until they have captured the hearts and minds of developers everywhere, then they'll squash all other implementations of their language (dotGNU, mono) with big patent infringement cases.
    • Karma Hits Sun (Score:2, Insightful)

      by reporter ( 666905 )
      When SCO slapped IBM with a multi-billion dollar lawsuit, the management at Sun Microsystems snickered and bragged that it had "legally" bought the perpetual right to the UNIX patents. Then, the management prepared a knife to stab into the back of the Linux movement.

      Next, the management showed its hand by doing a deal with the devil: Bill Gates. He gave Sun Microsystems a ransom on the order of a billion dollars.

      Now, Kodak comes out of nowhere and slaps Sun Microsystem with a lawsuit and wins a billi

    • FYI, the patents infringed upon were:
      US Patent # 5206951 Filed April 3, 1991
      US Patent # 5421012 Filed May 30, 1993
      US Patent # 5226161 Filed August 31, 1992

      Because in the U.S. patent rights belong to the first to invent rather than the first to file, and companies often wait a long time before filing in order to maximize the value of each patent (the more you know about your eventual product when you patent it, the better you can protect it) it is likely that at least two, and possibly all 3 of these we
  • Could be better (Score:5, Insightful)

    by ravenspear ( 756059 ) on Sunday October 03, 2004 @06:03PM (#10422518)
    I don't think the issue is as much with software patents in general as the way the system is currently implemented. The Patent Office is so clueless about prior art wrt software that pretty much anyone can patent anything that hasn't already been patented. They can then use that to intimidate or sue other companies even if those companies have been using the same technology for years without obligation to anyone.
    • Re:Could be better (Score:5, Insightful)

      by pe1rxq ( 141710 ) on Sunday October 03, 2004 @06:10PM (#10422557) Homepage Journal
      Personally I don't think there is anything special about software... Patents are just wrong.
      The patent system assumes that ideas are something unique and that it is something special to come up with new ideas. It is only with software that the mistake becomes really obvious.

      If it were really neccessary for us to advance how the hell did the monkey ever come out of the tree without a working patent system?

      Jeroen
      • Re:Could be better (Score:5, Insightful)

        by roman_mir ( 125474 ) on Sunday October 03, 2004 @06:21PM (#10422626) Homepage Journal
        Patents are not just wrong. An inventor with his new shiny invention goes to a manufacture X, and the manufacturer gets the implementation details for the invention and profits and kicks the inventor out of the door. Bang. If you are the inventor you want some protection.

        Software is different. The barrier to entry is small, all you need is a Turin complete machine (a PC) and you are golden. Well, at least you can build some things that way. But the problem with software patents is that software is really just special cases of math, and math ideas should not be patentable. Do you want to pay royalty to company X just because you added 1 and 1 together?
        Software ideas are too broad to be patentable. An example:
        Controller software managing transformation and transmission of data structures.
        That's it. That's your entire computing right there. If I patent it everyone has to pay royalty to me if they use a computer in any way.

        Software is different from physical things in a way that it represents ideas more than just implementations. Patents to physical objects are more obvious than patents to ideas that can be in principle reduced to a simple set of mathematical rules that define the Turin Complete Machine.

        • Re:Could be better (Score:3, Interesting)

          by pe1rxq ( 141710 )
          You are using the same old story about the little inventor and the big bad company....
          A little spin on that one:

          An inventor with his new shiny invention and a few tens of thousands of dollars to spare goes to the patent office and gets a patent. (Ignoring the fact that a few thousand others might come up with the same solution when presented with his problem)
          Now the inventor goes to the manufacturer and waives around his patent. Manufacturer says: 'great, but by the way we have a few patents of our own tha
          • An inventor with his new shiny invention and a few tens of thousands of dollars to spare goes to the patent office and gets a patent.

            He can as well spare a few thousand bucks more to find out, whether his invention infringes other parties' patents.
            • With the gibberish patent lawyers use in their patents? Abstracts that have nothing to do with the claims? Overly broad claims that cover everything?

              And thats without the fact that in the end the claims get interpreted by human beings, and especially in the case of software, the fact that human beings cannot always see how software works (unless its open source. Go FOSS!). A recent case from a friend of mine: there is a patent in place for scheduling appointments with people based on two databases (spe
          • If you are a inventor and want protection use an NDA.

            That misses the key trade in a patent system: publication of the idea. Your version of "protection" results in the idea being kept secret by the inventor and the public never benefiting from the knowledge of the idea, or the public can figure it out (e.g., reverse engineering) and the inventor is left unprotected. Yes, patents have a downside, but they are recognized as a necessary evil. The key to a good patent system is a proper balance between th

            • Some people seem to miss the point that without patents there'd be fewer publically available designs.

              No, most people realize it wouldn't matter.

              The originators of the patent system thought it might spur innovation by establishing a public record of the workings of existing inventions. However, in reality, the only reason anyone carries out patent searches today is to scout out potential infringement claims, for either offensive or defensive purposes.

              That is why the system is broken. The USPTO should
        • While I agree with you that software patents are a terribly bad idea, I have to call you on one of your arguments:

          An example:
          Controller software managing transformation and transmission of data structures.


          That is almost certainly the title of a patent. The title means effectively nothing from a legal standpoint. Ignore it and the abstract and go straight to the claims. No claim will look like the example you listed.
      • That's not what patents were about. Patents were about the real, demonstratable fact that producing an idea and turning it into a finished product was an extremely expensive process in the 19th century. In many industries, this is still the case.

        In order to foster innovation, companies needed protection; otherwise, it was a lot cheaper to let the other companies innovate and then copy them later.

        Two things have changed in this regard:
        1. Many ideas are now a lot cheaper to take to market than they used to
    • The USPTO isn't just clueless about prior art - they have no idea what-so-ever about what is an obvious/overly broad patent when it comes to software. Either that, or they're looking the other way for some reason. Who knows - I can't make heads or tails of how/why they grant the patents they do.

      Soko
    • Re:Could be better (Score:5, Informative)

      by Vicegrip ( 82853 ) on Sunday October 03, 2004 @06:37PM (#10422709) Journal
      Software is fundamentally a mathematical process.

      Read Donald Knuth's letter to the USPTO [mit.edu] to get a better understanding of this reasoning against software patents.

      What PJ is effectively pointing out is that software patents have degenerated from rewarding true innovators to being serious road blocks to software innovation. They are land mines waiting to explode on anyone writing serious software without the resources to pay an army of lawyers to protect them.
      • Re:Could be better (Score:3, Interesting)

        by Anonymous Coward
        ~From an anonymous examiner:

        Software is fundamentally a mathematical process.

        Quite true. Software itself is unpatentable - you must claim it interacting with something tangible. It controls a processor, it takes input from a user, it causes a display to operate, etc. In this way, it legally becomes a component of a larger process, like, "I'm flying an airplance and a computer is helping," even if the claims are 99% about software and 1% about airplanes.

        To make that any more restrictive would cause th

      • Knuth was right!!

        Changing the rules in the middle of the game was unfair and should have been blocked in court. All the geeks from "back in the day" should participate in a class action suit against the USPTO to have all software patents overturned.

        If we had had the chance to patent software back then, my associates and I might well have patents on certain types of client-server architecture, physical disk mapping, soft failover disk servers, tiled images with prefetch for seamless virtual panning, using neural networks for heuristic evaluation of image convolution patterns, 'tiled' convolution pattern matching, various methods for converting scanned image data into 3D terrain models, etc., etc. If not our group, then certainly others before us. But we did not have the opportunity to do so because at the time (early 1980's) software was not patentable!

        Allowing SW patents 10 to 30 years after many of the most significant innovations was violently unfair to the hundreds or thousands of creative people who developed the industry to that point, and produced nearly all the real inventions, under a non-patentable paradigm.

        In the early 1980's my teams developed dozens of major innovations that today could be patented, but at that time were restricted to the thin "trade secret" and copyright protections. The entire philosophy of the industry at that time was either keep it secret, or publish. There was no middle ground. We were just a minor group, there were hundreds or thousaands of others doing as well or better. None of those innovations were protected as "Intellectual Property" - we just shared ideas.

        Now, after all that work, stuff that we built back in the 1970's and 1980's is being patented right and left - not to mention trivialities like file formats for a disk partition scheme!! What's new in that?

        At this point the best action might well be for all of those who were around before the USPTO changed the rules to get together and file a class action suit against the USPTO to have all software patents thrown out and return to the previous presumption that software algorithms were mathematics to be discovered, not invented. I would suggest a legislative process, but I doubt that this would go anywhere in today's environment.
    • I think it's more than prior art. Sun has spent the better part of a decade developing Java. Kodak is now going to claim half of Sun's operating profit for the past five years or so, about 1 billion dollars, because they acquired some patents from a company (Wang) that, looking at the patents, spent the better part of a month on them.
    • I was just going to say that PJ was stating the obvious.

      Isn't it strange how the USPTO are the only ones who can't see the obvious?
    • That disregards the part about mathmatical formulas are not patentable... As they are discovered, not created.

      Programming is essentially a markup language surrounding mathmatical formulas and thus, should not be patentable.
    • Re:Could be better (Score:5, Insightful)

      by Dashing Leech ( 688077 ) on Sunday October 03, 2004 @08:30PM (#10423304)
      I agree. I have yet to see an argument that demonstrates "software" patents are inherently bad. There really is no such thing as "software patents" anyway. They are patents on "methods" or "algorithms". Some of them can be implemented in hardware rather than software but in this day and age that is unlikely to happen. There are essentially two arguments against such patents: examples of bad software patents and the harm they've caused, and stating that software is just math and math isn't (or shouldn't be) patentable. This is essentially what the case against software patents [mit.edu] comes down to. Lets look at these two arguemtns:

      Examples of where "software" patents have been, or can be, harmful is not an argument that they are inherently bad. There are also bad "device" patents even outside software, such as the combover [uspto.gov] and using a laser pointer to play with a cat [164.195.100.11]. It also doesn't show that all software patents are harmful.

      The harm caused by some software patents isn't because algorithms and methods are patentable, it's because simple obvious ones are being approved as valid patents. Think about it. If the algorithm is not trivial or simple, nobody would come up with it by chance anyway and so it isn't stopping them from doing anything. For example, there are a multitude of machine vision algorithms such as facial recognition or object recognition. You can't accidently stumble on the same approach, they are complicated an non-obvious. Patenting these harms nobody. If they weren't patentable, many of these intelligent algorithms would not get published and would be kept secret, so we'd never learn how they worked and couldn't improve from them. Conversely, as in the typical examples given, if someone can inadvertantly implement a patented algorithm, it must be somewhat obvious to people in the industry (and hence shouldn't be patentable).

      As far as the "it's just math" argument, I go back again to machine vision. Yes, it can be written as math. But we're not talking about fundamental math derivable from first principles, we're talking about procedures that involve math as a basic building block. This is akin to developing physical devices in which physical laws are the basic building blocks. Often a physical design is optimized by math, the same as an algorithm.

      In short, so far the arguments against software patents in general don't hold water. Yes, there absolutely has to be patent reform, but that includes all forms of patents. But that doesn't mean that one has to throw the baby out with the bathwater. There are non-harmful algorithms (and I would argue these are the majority of algorithms) and it is in the public's interest to provide some protection to the inventor, otherwise these algorithms will be kept secret.

  • Bzzzzzzt (Score:5, Funny)

    by Anonymous Coward on Sunday October 03, 2004 @06:05PM (#10422526)
    Bottom line: the software patent 'cold war' provides no benefits to anyone[.]
    I disagree. As a patent lawyer with a background in software, the "software patent cold war" has provided me many benefits (such as my new house).
  • Kodak vs. Polaroid (Score:2, Insightful)

    by Anonymous Coward


    Does anyone remember the Kodak vs. Polaroid lawsuit?

    Maybe that experience is what gave Kodak the idea. The sheer number of software programs constantly being developed also makes patent searches an overwhelming task. And how do you research prior art in proprietary software licensed under terms that forbid reverse engineering?

    There are other reasons too that they list. Software is developed so rapidly a 17-year blockade is impractical; it never wears out, so the traditional argument that patents are
  • Good idea (Score:4, Funny)

    by Anonymous Coward on Sunday October 03, 2004 @06:08PM (#10422550)
    Can't Kodak sue SCO now ? I mean, I have a java runtime on my linux box... and who's responsible for linux? eh ?....
  • by Anonymous Coward on Sunday October 03, 2004 @06:17PM (#10422592)
    After all, patents aren't like copyrights, where Congress keeps granting extension after extension to the protection period. They'll eventually expire, though granted the number of frivolous patents will obviously slow innovation down incredibly.

    This might be an object lesson in other fields, though. If we want to slow down the pace of genetic engineering, for example, just allow extremely broad and ill-defined patents in the field, and by the time they expire perhaps we'll have time to define a series of ethics and protocols to safeguard us.

    / only slightly facetious
  • by k4_pacific ( 736911 ) <`moc.oohay' `ta' `cificap_4k'> on Sunday October 03, 2004 @06:17PM (#10422594) Homepage Journal
    It'll be interesting to see what develops. /ducks
  • by eamacnaghten ( 695001 ) on Sunday October 03, 2004 @06:20PM (#10422617) Homepage Journal
    This epitimizes the case against software patents. They are too open to abuse. The purpose of patents is to encourage inovation, I do not think this is the case with software ones. The vast majority of software is written by employees of non-software companies for those companies. Software patents are irrelevant there. Copyright performs as good a protection where needed regarding software as ever is required.

    Even if you think patents are a good thing (as I do), there is no room for Software Patents. The only people they benefit are the Lawyer IP-Land-Grabbers. The vast amount of the proffessionals in the industry I know are against them (includiong me).

    • by doc modulo ( 568776 ) on Sunday October 03, 2004 @06:43PM (#10422740)
      We should encourage companies to enforce their software patents. Drop an anonymous e-mail here and there, so they are notified of the infringements of other commercial companies.

      Once the patent wars start, there'll be no stopping them (because of bad blood between companies) and there will be more money to be made from sueing non-open-source companies than open-source projects with volunteers.

      Once companies are in multi-million dollar lawsuits. Then maybe the lobbyists working for the corporations will change their tune and push for abolishment of software patents.

      My suggestion, get some good patents into the hands of EFF or similar organisations and start the conflict until it bleeds everyone dry in the US and Japan.

      We know that software patents are bad because we're smarter than average, we're also knowledgeable of the industry. Others are not so forward-looking and they have to be SHOWN examples of why it's bad. This /. story is one example but we need lots more and worse ones.
      • Wonderfully evil (Score:5, Insightful)

        by Evil Pete ( 73279 ) on Sunday October 03, 2004 @08:20PM (#10423268) Homepage

        Are you a student of Machiavelli, or merely a gifted amateur. [rhetorical question, no need for a question mark]

        The scenario you describe is all too likely, the IT/IP mix is like a powderkeg at the moment with software patents. Sounds unethical to me to start such a bloodbath, but one could argue that if it was deliberately started now it would be like "back burning" to prevent bush fires, preventing something even worse later on.

      • "Once the patent wars start, there'll be no stopping them"

        Unfortunately, the big players cross license with each other. Microsoft deals with Sun deals with IBM. The only companies that work as loose cannons are those (like Eolas) that do not produce software products profitably. They can't be intimidated into cross licensing because they don't actually produce the software.
  • there are too many coders for a software patent to be enforceable, especially since a lot of you are the people at the companies. Enforcing a ridiculous software patent is akin to the United States "war" on drugs. A senseless and expensive (lots and lots of jails for non-violent crime) effort that has completely failed to keep drugs out of white suburbia. There are too many of us to keep track of, and even if a specific tool is banned it isn't so hard to make another one, especially with so many millions
    • by RWerp ( 798951 )
      A senseless and expensive (lots and lots of jails for non-violent crime) effort that has completely failed to keep drugs out of white suburbia.

      I thought the war on drugs was meant to keep out drugs of all suburbia. Has the US administration gave up keeping colored kids away from drugs and focused on whites only?
      • Don't make me laugh. Nobody in the '70s was concerned with keeping black neighbourhoods safe from drugs. The affluent caucasians were scared of little Billy having a drug dealer at his middle school. The inner cities were viewed as the source of the problem (and where the minorities lived), not the target to be protected.

    • Umm no. Say Microsoft decides to go after Open Office because they're messin' with their market share (and they will). There is no company to sue, so Microsoft goes after the individual developers who have infringed on their patents (and you can be sure that they have). The mere threat of a lawsuit will be enough to bankrupt most the developers, but say one actually goes to court. Microsoft will drag out the case (which will cost the developer a fortune) then they'll win and get a huge award of cash fro
  • Untrue (Score:5, Insightful)

    by Anonymous Writer ( 746272 ) on Sunday October 03, 2004 @06:23PM (#10422636)

    the software patent 'cold war' provides no benefits to anyone, and will inevitably make the game of software development impossible for anyone to play

    It would shift the production of software with unhindered innovations from countries that have intellectual property restrictions to countries that completely disregard them. Governments that are allowing these patent controversies to continue are killing the IT segment of their economy, and will eventually be surpassed by the unrestricted countries. It provides benefits to the latter.

  • by Anonymous Coward
    Here's the deal, I want to ask out a girl who is a big Linux fan, has a Tux tattoo and everything, so I was thinking I would ask her like this:

    "Girl, you must be in /etc/fstab because I'd like to mount you"

    but I'm not sure how to say /etc/fstab! Would I say etc as "ets" or the full "et cetera", and for fstab would I say "f s tab", "f stab", or the full "filesystem table"?

    Thanks!
  • by EJB ( 9167 ) on Sunday October 03, 2004 @06:24PM (#10422641) Homepage
    To rant is "to utter in a bombastic declamatory fashion" or "to talk in a noisy, excited, or declamatory manner". I can't find that in PJ's article. If Michael does believe that PJ's article is like that, he should have the guts to say so, instead of implying that the story submitter called it a rant, which he didn't, as he posted here.

    The only ranting I saw was in the title of the item. It would do the poster good to observe some courtesy towards other news sites.

  • by EmbeddedJanitor ( 597831 ) on Sunday October 03, 2004 @06:29PM (#10422672)
    Even though I have approx 10 patents myself, I'm not pro patents of any form.

    The "software doesn't wear out" argument is BS. When you sell software, you don't sell the software as such, but the right to use it. While the software itself does not wear out, the usefulness does. eg. Anybody still using TurboPascal V1 for MSDOS? Expanding on that, if anything software "wears out" faster than mechanical mechanisms.

    When you take out a patent, you're not so much protecting your product but you're protecting your market/customer base. This doesn't change when you're making software or little mechanical gizzmos. All the examples showing that patents kill software innovation could equally be applied to mechanical gizzmos too. eg. "Method to attach spring to washer" is just as much a problem for somebody making gizzmos as "Nesting identification by colorizing". If Ford own a patent for some engine technology, they can prevent Toyota using it. So how is this different from IBM preventing Microsoft doing something?

    The "software is different" proponents are just like the people who whine about their tech job going to India while wearing Nikes made in China. Patents of all kinds, including software ones, have common problems.

    • by rollingcalf ( 605357 ) on Sunday October 03, 2004 @06:41PM (#10422726)
      Software is the only thing in the world that can be patented, copyrighted, and be a trade secret at the same time (because source code in usually not revealed). That definitely makes it different, and that sort of multi-level IP protection is excessive.
      • Especially when you consider that the purpose of a patent is to expose how something works so that inventors don't need to keep it a trade secret.
      • a) copyright is pretty narrow on software these days. It has to be a direct copy or clearly a derivative work since most software protection is shifting towards patents.

        b) I don't know how something patented can be a trade secret. Part of being a trade secret is that you have to keep it a secret. Patenting something is the complete opposite: you are disclosing the invention to the world in exchange for a limited monopoly.

        I could be wrong, so please show me a case where a company successfully litigated a pat

        • "Patenting something is the complete opposite: you are disclosing the invention to the world in exchange for a limited monopoly."

          I have always wondered, it use to be that an inventor had to disclose blueprints and specifics on how to build the machine he was patenting. If software is to be patented, I think sourcecode should be provided and sealed in a vault (digital and/or physical) until the patent expires, then that sourcecode becomes public domain.

          Ofcourse, I also think patents should be scrutinized b
    • by nihilogos ( 87025 ) on Sunday October 03, 2004 @06:52PM (#10422785)
      While the software itself does not wear out, the usefulness does. eg. Anybody still using TurboPascal V1 for MSDOS?

      PJ's point is that you still could. The reason nobody does anymore is that MS, Borland etc now offer better products. She says that these companies innovate so people won't want to keep using TurboPascal V1, even though they could.

      The tech and software sector innovate because it's in their nature. They don't need patents as a stimulus.
    • The "software doesn't wear out" argument is BS.

      What are you talking about? Software doesn't wear out. There are programs running in the insurance industry that were written 30+ years ago. And funny you should mention, but there are odd little niche markets where people DO still use TurboPascal for MSDOS. I know of at least two software products written in Pascal, designed to run on MSDOS platforms, which are still being maintained and updated by the original creators-- in Pascal for MSDOS. One of them eve

    • One thing: in the current state of the software world, change is much more rapid than almost any other fields. The length of patents is quite high.

      Other issues:

      * With software, systems are generally quite complex and require effort to re-implement. Consider your "Method to attach spring to washer" -- if you *didn't* have a patent, it'd take your competitor five minutes to figure out what to do by glancing at your system. In software, just because you have the latest version of a 3d rendering package do
  • Chicken Little (Score:3, Insightful)

    by tabdelgawad ( 590061 ) on Sunday October 03, 2004 @06:30PM (#10422676)
    One (failing) multi-billion dollar company has just won a billion dollar lawsuit against another multi-billion dollar company. Cry me a river.

    Rants aside, the raison d'etre of patents is to promote innovation. Now I don't see how patents have fostered software innovation in the US; copyrights seem to be sufficient protection for that. On the other hand, where is the *evidence* that patents have choked-off software innovation? What developer did not pursue an idea for fear of a patent-infringement lawsuit?

    I'm not trolling. If we're going to argue against patents, then let's see the evidence that they actually choked-off innovation; the linked "industry at risk" story makes some cogent arguments, but read closely and you'll find it's mostly speculation about what *will* happen in the next decade.

    An aside, but check out this quote the "industry at risk" story uses to bolster its POV: "Thus, if a small company tries to use a patent to "protect" itself against competition from IBM, IBM can usually find patents in its collection which the small company is infringing, and thus obtain a cross-license. Besides which, if you are a small company, do you really want to try taking IBM to court?"
    • If we're going to argue against patents, then let's see the evidence that they actually choked-off innovation;

      It isn't stopping me, but it does scare me. I'm trying to get into the billing software industry, and hoping and praying that the industry doesn't have any patents to speak of, but who knows?

      To the extent I control the company's purse (not the only owner), I'm going to want to build up a war chest much sooner than I should have to under normal circumstances, because who knows what shit some other
  • by Anonymous Coward
    It's wrong to assert that software patents benefit no one. Someone who holds and enforces an important patent stands to make lots of money. That is definitively a benefit.

    Consider: If someone had patented DNS, each DNS query might chalk up a micropayment in the patent holders' account. That's a serious benefit for the patentholder.

    That's the incentive driving patents.

    It's possible to argue that "society" suffers from all this, while one individual prospers. Perhaps. But, society is a morass of peop
  • by madstork2000 ( 143169 ) * on Sunday October 03, 2004 @06:35PM (#10422699) Homepage
    The other thing that irks me about this is Kodak, is it is yet another company that has been bleeding badly, and thus turns to litigation to survive. Hopefully soon a judge and the judges above them will get a clue and realize software patents are ridiculous, and should not be allowed to survive.

    Maybe someday a judge will be appointed that has a computer science background that will be able to see as plain as most programmers how wrong and misguided software patents are. Until then I know I'll never buy another Kodak product. . .
  • by Soko ( 17987 ) on Sunday October 03, 2004 @06:36PM (#10422704) Homepage
    "Computer code is simply the expression of inate human ideas in a different language - the difference being that the language spoken is one that a machine understands, not other humans."

    (Perl jokes aside...)

    IMHO, the expression of ideas in any language is covered by copyright law, not patent law. Ergo, software patents should not be allowed, since there's already plenty of protection under copyright.

    Soko

  • by ScrewMaster ( 602015 ) on Sunday October 03, 2004 @06:39PM (#10422722)
    I would imagine that media outfits are in good spirits over the Sun/Kodak decision. I mean, these people have never endorsed technology, and have moved heaven and Earth to squelch any new invention that they perceive as threatening to their interests. The reason they failed as often as they did was because our legal system operated, for the most part, in the citizen's interests. That appears to be changing, with the advent of extended copyright, the DMCA, software patents ... I mean, if development of new commercial technologies grinds to a halt in the U.S., why, all they'd have to do is get Congress to block imports of tech from Canada and overseas and ... we can all go back to listening to Victrolas and piano rolls, as God intended.
  • by CmdrGravy ( 645153 ) on Sunday October 03, 2004 @06:52PM (#10422784) Homepage

    "Kodak praised the verdict and said it was part of an aggressive push to convert innovations ? both homegrown and purchased ? into real money. The company over the past several years has been issuing licenses, filing lawsuits, forming spinoff companies and finding other uses for its technologies."

    It seems that today, companies don't produce products, they produce lawsuits, and that's how they get their money. How long can this continue?

    Furthermore, since 1.06B is about 1/3 of Sun's cash on hand (here [yahoo.com]), what will that mean for Sun? It's 7% of their total value, so this can't be good for them.

    In the end, it's only the lawyers who win.

    --

    First the Eolas lawsuit, now this. What is going to take for Bill Gates to wake up and say that suing OpenOffice developers isn't worth being able to lose $1.06B to a company that actually has the legal resources to wage a protracted war with Microsoft? If Sun loses this, the Microsoft had better be willing to settle in a very generous was or Kodak will go after them. $1.06B for Sun, since Microsoft has much, much more money it could just as easily be $5B from Microsoft.

    This is all starting to become like nuclear weapons in and after the cold war. First it seemed like no big deal, hell it was even a requirement to be a big player to have nukes. Now all these little players are getting them, and Eolas and Kodak IMO are no different or better than the rogue states getting their own arsenals of nukes. Now the big boys are getting attacked so, what do they do? Disarm by pushing for the elimination of all software and business method patents, to keep these guys from having legal nukes to use against them, or do they just pray that not enough ankle biters will get enough patents to bankrupt them in independent and coordinated lawsuits?

    --

    Although I know its offical /. policy that everyone should run around in circles yelling its the end of the world everytime a software patent is infringed, this particular dispute is far from over and probably faces 5+ years of appeals before any money changes hands or any technology is changed or restricted.

    First, after damages are decided, Sun will move with JNOV (asking the judge to set aside the verdict because there was insufficent evidence to support to verdict). There is probably a 10% probability of this happening in any given case, even more when there is alot of money at risk.

    Second, Sun will appeal to the Federal Circuit, which usually overturnes 60% of district court decisions because district courts usually dont know anything about technology and know even less about patent law.

    So, IMHO, its too early to start running around in circles over this decision, at least until the Federal Circuit affirms.

    Please check the other identical story on ./ for the original posters of these insightful and interesting opinions.
  • by shirai ( 42309 ) * on Sunday October 03, 2004 @07:01PM (#10422824) Homepage
    As many have mentioned, the idea behind patents is to encourage innovation. So for example, if inventor A decides to create a specific implementation of an idea, then all the effort to create that implementation does not go to waste.

    One thing that I never see pointed out as a key difference between software patents and traditional real-world patents is the time it takes to make an implementation.

    For example, in the past, it could have taken years and thousands to millions of dollars of development and testing to create a patentable idea. Because of this, you need a way to protect that hard work and investment or, yes, nobody would spend the time to invent things because they could get stolen by big companies (patents were originally designed to protect small inventors ironically). The problem with software patents is that it hardly takes any R&D whatsoever to create most of the patentable ideas. All it takes is an idea, something that patents were originally designed NOT to protect. They were designed to protect the implementation of an idea.

    All the BS patents seem to fall into the space of no R&D for implementation, especially the "business processes" patents like 1-click. It's like "Oh, I have an idea," let's patent it. The patent office is making the erroneous assumption that not being able to patent an idea as soon as you thought of it would somehow have discourage you thinking of the idea. If software patents are allowed at all, they need to be tempered by the amount of research it requires to go from idea to implementation.

    You should NOT be able to patent a "Hey, I just thought of something idea" that takes 10 minutes to implement. Practically all web-based patents fall into this category. I think there is still room for patents on ideas that take a lot of R&D work, investment and time.
  • Is there an IT PAC? (Score:5, Interesting)

    by Vthornheart ( 745224 ) on Sunday October 03, 2004 @07:15PM (#10422886)
    Does anyone know of a Political Action Committee for IT Professionals, Computer Scientists, the Open Source movement, or anything along those lines? If not, perhaps it's time that we formed something.

    It sounds to me like what the Government needs is a large, influential group that can force them into understanding just what it is we DO. I think that's the big problem: they just don't understand what goes into Software development, and as Groklaw's article mentions, the mathematical nature of it. There is a lot we could do if we were to mobilize.

    So if there is a PAC, point me in the direction and I'll join it. If there's not... perhaps we should make something happen.

  • by bmetz ( 523 ) on Sunday October 03, 2004 @07:28PM (#10422971) Homepage
    Bottom line: the software patent 'cold war' provides no benefits to anyone

    IBM nets billions in profit from patents annually. How is that not a benefit?
  • by icejai ( 214906 ) on Sunday October 03, 2004 @07:33PM (#10423009)
    One way to fix the patent system (re: software patents) without going through the arduous process of patent revokations, appeals, re-reviews, peer-reviews, court dates, dumb juries, is to simply limit patent protection to 2 to 3 years.

    That way, those who are serious about their idea will be given plenty of time to get a head start and license out to those who can't wait, or don't want to fall that far behind the curve.

    Those who make it their business model to sue won't have much time to sue. Most companies may just simply wait it out, or license a non-infringing technology, or simply work out some 2-3 year licensing agreement.

    And once the protection time is over, those who waited will have to play catch-up... and it'll be back to the good'ol days where companies actually competed on things like cost and quality.
  • by Flyboy Connor ( 741764 ) on Sunday October 03, 2004 @07:47PM (#10423094)
    I am currently finishing my PhD thesis. In it, there are a couple of new ideas (which I have empirically verified) in the field of software engineering. These ideas are clearly more serious than many of the software patents that have been granted in the past few years.

    When I talk about my work at conferences, it occasionally happens (especially when "business people" are in the audience) that someone eagerly asks, whether I have already patented those ideas.

    My answer is no. First, patenting is expensive. I don't have the money. Second, I want my ideas to benefit the world (that's what science is about, I think). I do not want to hoard them for myself. Third, if I want to patent my ideas, I have to spend a lot of time on legal stuff. I am a computer scientist, not a lawyer. I rather not do that.

    But now there is a problem. If I do not patent my ideas, what withholds someone else from patenting them? It is not a requirement that you are the originator of an idea to patent it!

    Prior art? Sure, I can bring that forward. In court. Which is not what I would like to do, because, (1) as I said, I am not a lawyer, and I hate spending time on legal matters, and (2) if I attempt to sue company X which has patented my ideas, for which prior art exists, no doubt that during the case, the expensive lawyers of X (which I can't afford) will have turned the case around and start sueing me for something, anything. Prior art is no defense. Basically, there is no defense if you are not rich enough to be able to afford expensive lawyers.

    What I would really like to have, is a possibility to say, without all kinds of legal hassles, "Here are my ideas, they are for the world, anyone can use them, for free, forever." This should protect my ideas from being misused in patent form.

    Guess what, that is impossible. I have a choice to either claim sole ownership of my ideas, and become a 50% of a lawyer, or to throw my ideas out to the world, close my eyes, put my fingers in my ears, and hope that the vultures leave something of my ideas for the world, and for me, to use.

    If you look at it objectively, that is ridiculous. Patently ridiculous.

  • by Anonymous Coward
    A pantent on the concept of a "method by which a program can "ask for help" from another application to carry out certain functions"

    What about Ole ?

    What about spellcheckers ?

    what about plugins in general ?

    what about web browsers that launch upon clicking a URL from another app

    maybe I am misunderstanding the patent

    anyone else see possibilites for this ?

  • by magefile ( 776388 ) on Sunday October 03, 2004 @08:06PM (#10423193)
    Does PJ call it a Kodak moment [slashdot.org]?
  • by Anita Coney ( 648748 ) on Sunday October 03, 2004 @08:13PM (#10423228) Homepage
    The only thing that will stop software patents is if big business wises up and realizes that they're bad for business. I.e., with software patents, there will be impossible to innovate without being sued into submission.

    Congress and the patent office will NEVER change the rules without pressure from business because the patent offices makes a LOT of money selling patents.

    I'm not saying we shouldn't educate people about the issue or that we shouldn't discuss the issue, I'm just saying not to get your hopes up.
  • Ugh, wake up (Score:2, Insightful)

    by Rorian ( 88503 )
    After reading the groklaw article, I realized one massive flaw in their argument: Why the fuck would big companies want to ditch software patents now?

    IBM, Microsoft, Sun, Kodak, you name it - they've all sunk huge sums of money into buying these software patents, and aside from some lawsuits between eachother, they all stand to win, by crushing opposition with their ridiculous repertoire of patents. So when the article states "The solution is obvious. Everybody needs to get rid of their stockpiles of we
  • What will it take? (Score:4, Insightful)

    by thewiz ( 24994 ) * on Sunday October 03, 2004 @10:08PM (#10423769)
    Unfortunately, IMO it will take some software companies being litigated out of existance before the patent laws change. Like healthcare in America, changes to law are ALWAYS a reaction to something being really out of whack.

    Think about how long it has taken for Americans to get a clue about how bad things like McDonalds food are for your health. Our healthcare system reacts to things, like people having a heart attack, instead of the person taking preventative measures (exercise, diet) before the heart attack happens.

    It's going to take several major software companies having legal "heart attacks" because of software patents before the rest of the industry gets a clue and quits dining at the trough of patents and IP.
  • by museumpeace ( 735109 ) on Sunday October 03, 2004 @11:14PM (#10424136) Journal
    I checked for articles on "patents" at Scientific American...they have published over 140 in the last 6 or so years counting columns, articles and letters and virtually every one of them levels scathing criticism at what stupid things we allow to be patented or how patents have retarded progress in some very important technologies [their 2001 article on how many drug companies are suing and counter suing is scary, I wish they'd just spend the money on finding the cures!] The alarm Groklaw sounds about the software industry has already come to pass in parts of the biotech industry and the solution that some of us espouse for permiting the unfettered advance of software, open source, has been embraced by Worldchanging.org [worldchanging.com] and by BIOS [bios.org] an organization that wants, in their words, to "develop and validate a new means for the cooperative invention, improvement and delivery of biological technologies, drawing inspiration from the open source software movement to forge a 'protected commons' of knowledge and technology."
    I think the thing that has kept software innovation from stalling out completely in a patent litigation tarpit has been the combination of open source and the fact that you can often bring a software idea to market for vastly less venture money than a new drug takes. Those VC's and big pharma's do all they can to see that such big gambles pay off. But trying to own and "idea" when everybody and his sister are working get an idea that solves the same problem is bound to make for friction, duplication and loose-loose litigation. If you get out there first with something people really need and you don't gouge your customers, just staying one innovation ahead of the competion can keep you in business and maybe even make you some money. One machine vision startup I worked for NEVER patented a really significant advanced technique, preferring to keep it a trade secret because they took out a patent, competitors would find a way around it more easily than they could reverse engineer it. 20 years later, they are still in business. Its much harder to spend nearly a billion dollars on a new drug and still keep it a secret until you are making sales.
  • by t35t0r ( 751958 ) on Sunday October 03, 2004 @11:22PM (#10424223)
    I found this referenced from Groklaw and just thought it would be good for people who didnt read that far down the comments (or don't read at all) to listen. It's a very informative talk about software patents. Ogg format URL: http://audio-video.gnu.org/audio/rms-speech-cambri dgeuni-england2002.ogg

    My favorite quote: " ..one engineer said 'I can't recognize my own inventions in patentese.' "

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