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June 04, 2005
Open Source Supporter Shows How Patents Force Innovation
In a very pragmatic article by an anti-software patent activist shows exactly how the patent system forces innovation to happen.
The article in News Forge, the Online Newspaper for Linux and Open Source, explains exactly how the open source community will handle the threat of software patents.
Let's say that software patents end up being legalised in Europe and continue as they are in the U.S. Linus Torvalds has said (relating to the SCO case) that if any code in the Linux kernel infringes upon legal rights, it will be immediately removed and rewritten. The same principle applies to any patent that open source software may infringe upon. Infringing piece of code? Rewrite it. Patented audio or video codecs? Remove them, and create your own.
Create your own, improve on what has gone before, build on someone else’s inventions rather than merely use them as they are, this is how the patent system forces innovation and improvement.
The downside of redesigning to get around someone else’s patent is that the new software may not be interoperable with existing software. This is where the software developer must choose to buy a license or develop a new standard that he or she can control. The new standard may be patentable and give the developer a legal means for directing how the new standard is implemented.
There are many examples of competing groups who have consolidated their patents and standardized their interfaces for interoperability, one of which is in RFID technology. Open source developers, had they banded together and patented their innovations, would have bargaining power with existing patent owners and would be able to negotiate agreements in their favor. Instead, they may be forced to create the next generation of innovations in their field.
Posted by krajec at June 4, 2005 07:57 PM
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Comments
just one word:
"interoperability"
Posted by: Bernard Hugueney at June 10, 2005 09:40 AM
I understand the OSS desire for interoperability, but it seemes to be touted as a fundamental right, which I have not understood.
When you write software, do you have the right to choose to make your software interoperable or not? To me, it seems like the author has the right to choose, not someone who has no other legal interest in the software.
Posted by: Russ Krajec at June 10, 2005 08:29 PM
Who owns the data created with a software ?
Software writer or software user ?
I think it is the software user, hence he/she should have the fundamental right to work on his/her data with any software product.
I'm a strong believer in competition in a free market for software, so I think any programmer have the fundamental right to write a competing product.
I won't bother to explain again why interoperability is essential when making a competing product to challenged an entrenched de facto monopoly.
Posted by: Bernard Hugueney at June 11, 2005 04:49 AM
The software licensee purchased it pursuant to a license from the developer. It is the developer who has control over how his product is used. If the user does not like the license, they can choose to buy a different product, develop their own, or possibly even renegotiate.
If the user buys a license to a software product, and that product is advertised as being interoperable, then it should be interoperable. If the product makes no such claim, then the buyer cannot expect interoperability.
The user has no fundamental right to use the data in any manner, only to use it pursuant to the license agreement and advertised claims of the developer.
Posted by: Russ Krajec at June 11, 2005 08:03 AM
I wrote "Who owns the data created with a software ?" meaning "Who owns the data [i.e. of a text document] created with a software [i.e Microsoft Word]?" and you replied
"The user has no fundamental right to use the data in ant manner[...]"
I think/hope there was a misunderstanding about the word "data". Please clarify your position on my question.
PS: you write about a software being interoperable. It does not mean anything ! You need more than one software to speak about interoperability.
Posted by: Bernard Hugueney at June 12, 2005 03:37 AM
The user may own the raw data used by a program, but the data is stored, manipulated, and retrieved in a manner pursuant to a license. The raw data may be the users, but he can only store it in a particular form because of the software license.
The license may limit him when using his data stored in a particular form.
Then again, the license agreement may allow him to use the data in any manner while stored in that form.
The whole arrangement works around the license agreement, not any patents. Patents would allow the origninal licensor to sue competitors in addition to suing his customers, whereas violations of the license agreement would only be between the licensor and licensee.
Posted by: Russ Krajec at June 12, 2005 10:08 AM
I find it funny that someone my preted to interfere with my use of data that I created.
Well, I believe people will get over you whetever power you accept to concede to them.
According to your (alien to me) line of thinking, what about someone who never accepted any licence ?
Let's say someone used Microsoft Word (tm) to create some document and send me this document.
I never agreed to anything with Microsoft.
Am I allowed (according to you) to do whatever I want with the document ?
If not, why not ?
Posted by: Bernard Hugueney at June 13, 2005 03:56 PM