

EFF promising intensified fight against bogus software patents - buzzblog
http://www.networkworld.com/community/blog/eff-promises-new-fight-against-software-patent-abuse

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CamperBob
FTA: "Every piece of software released to the world without legal protections
may leave open a door for someone else to attempt to patent the same
technology (and may leave its creators more open to legal threats without a
patent to wield defensively)."

Wait, what? No, every piece of software released to the world, with _or
without_ patent protection becomes prior art. It slams the door shut on future
attempts on _anyone's_ part to patent the same technology. Even more so when
the software is released as FOSS.

On the face of it, this campaign is already sounding oddly misguided. The
_only_ way to win this game is not to play, and I'd expect EFF of all orgs to
understand that.

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alttag
Prior art doesn't prohibit someone from patenting the idea ... I rather
suspect not too many patent examiners peek inside source code or the
interfaces of indie apps to check for prior art, and if a behemoth company is
going to patent someone's prior art, it's not as if they're going to submit
evidence that disproves their claim.

In short, even if it is prior art, it might still be patented, and some poor
shmoe down the road is going to have to research, find, and successfully enter
as evidence the prior art. They might just choose to settle instead.

Not playing can still suck.

~~~
CamperBob
The source code has nothing to do with the content of a patent. It _can_ be
part of a patent, but it isn't necessary. The courts don't care how you
implemented someone else's "idea," only that you did.

