Software patents have been a hot topic in tech circles for the last couple of years.
They may not attract attention from the mainstream media or what attention is attracted may cause more confusion than anything else. This may be due to a combination of factors
On the one hand journalists and readers need to understand what they are reading about or reporting about. It’s no point talking in techno-babble as nobody will understand or care. There’s little point focussing attention on linux and open source software unless you can put it in terms that your average businessman can understand.
Of course the big proponents of software patents, such as Microsoft, have the support of our government and many of the professional groups that are supported by business.
The reality of patents is confusing at the best of times, however if you think in terms of simple examples it can become a lot clearer.
Protecting an individual’s or company’s intellectual property is not a bad thing – don’t get me wrong, however there seems to be a prevalence of patents being issued in the realm of software that damages other individuals and companies.
The patents being issued by the US patents office are too broad. Instead of protecting a particular device they are being used to “protect” concepts and processes that are not original. For example John Naughton has posted about a patent granted to:
How to find the geographical location of a networked computer from its IP address
Maybe I’m oversimplifying things, but that sounds like geoip. Hardly original and if the patent is upheld then it could mean that companies using this form of technology will either have to cease and desist or pay licensing fees.
Am I missing something?
I’d like to think that I was, as the US patent office seems to be hellbent on making life awkward for smaller software developers and favouring big business.
Software development both commercial and open source has always been based on innovation. If patents are applied to concepts and ideas that are not unique then this innovation could be stifled.
Since it is NSA, then it a lot more complex than simplistic geoip. Latency and network modelling is involved so it goes beyond simply correalating IPs with their stated country/city.
As the Patent Office’s Web site is MSIE-only, I am by no means surporised.
John – maybe the example I cited wasn’t the best, but you have to admit that some of the patents that are being granted are a bit on the “broad” side.
Roy – I thought that US government sites were meant to comply to accessibility standards?
I was thinking the same thing the other day. Imagine a patent “method for dynamic generation of text into a predefined format”
The fact of the matter is that software is and always has been a mish-mash of ideas that someone has comeup with or implemented. How do we know who came up with it? Is it the first person to patent it regardless of if they invented it? SCO anyone??
How many times has someone implemented something that has already been implemented by someone else without even knowing of the other softwares existance.
Hopefully software patents will fall straight on their faces and never be seen again. Stupid idea, truely stupid.