Comments on: HP: Don't like software patents? Learn to deal

Boycotting the patent system means "leaving oneself exposed for absolutely no good reason," says HP's Linux vice president.

[unknown unknown]

The problem with software patents...

is that USPTO doesn't have resources to do the research and checking before granting a patent. Certain companies have shown a willingness to try and exploit this weakness and get broad patents and/or one that cover fundamental concepts. Accadia for example got broad patent covering use and distribution of compressed media a concept that is to say least obvious. Whether your right or wrong patent infringement cases are expensive and often the only way to see if patent is good is to test it in court. Often large companies will go after small companies or inviduals because they chances are good they'll settle give the company money to go after larger companies. Such as system isn't good for anyone except for predatory IP companies.

No software ever comes with a guarantee that it does not violate patents

It is absolutely impossible in practice to make the assertion that a piece of software does not violate some obscure patent. This is why Linus Torvalds has explicitly recommended that developers ignore patents in their work. Do not confuse the indemnity guarantees of some companies with a guarantee of non-violation. They merely say that they'll help if you're sued.

The simple fact of the matter is that Open-Source software is the ONLY kind of software which can be proven NOT to violate a SPECIFIC patent (because the source can be examined by the patent owner). If some code offends, it's usually a simple matter to replace it. So the argument can be made that ONLY open-source software is actually safe regarding patents. When you buy a piece of closed-source software from a vendor, you have NO such guarantee.

Also, the fact that a few large providers of closed-source software provide indemnity does not protect you from liability due to the use of software from a third party without such a program. How many computers today run ONLY Microsoft software??

[David Arbogast]

True But...

In America, you are innocent until proven guilty. Since Open-Source is available for code scrutiny, it is far easier to prove guilt in the OpenSource arena. Thus, Linus' suggestion that developers ignore software patents is irresponsible and detrimental to the overall effort and the users of OpenSource software.

A robust Indemnity clause does not eliminate the possibility of IP infringements, you are correct. But it does guarantee that I, as a user, will not ever have to worry about being sued for posessing stolen property. The same cannot be said about users of open-source software.

With Opensource software, my option is to pay $100,000+ per year for legal protection that will not stop me from being sued, but rather will provide me with some resources when it does happen... with no guarantee of successful protection.

[John Kuzak]

open-source software

http://www.analogstereo.com/hyundai_s_owners_manual.htm

[Ubber geek]

Open-Source software

http://www.analogstereo.com/porsche_cayman_owners_manual.htm

[volterwd]

Patents on software...

are retarted. Not only do that patent obvious things (im waiting for someone to patent addition in a program) but the patents office is unable to properly address software patents. The difference between say a hardware patent and a software patent is that with hardware production requires more than an problem. Anyone who has to solve a problem with regards to software could come up with the exact same thing. In other words i can come up with identical software (or parts of) without copying anything.

Patenting kills innovation.

Screw patents...

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