Thursday, 19 March 2009

Patent wars stifle innovation

Interesting that Red Hat seems to think it owns the rights to XML data routing. Altio has a similar, if not the same, patent claim from 2003. At present Altio does not want to get into a legal battle over who’s patent is more valid, preferring the innovation approach to stay ahead of the game.

Software patents are a controversial subject with strong feelings amongst the developer community, I feel they are now a part of running a software development company. If you do not wish to take the patent path then it is important to ensure you make a public statement about an innovation. Without public knowledge an organisation is at risk of a megavendor claiming a patent and making life very difficult for small software houses.

Unless an organisation can innovate faster and better than everyone else and are not concerned who uses the innovation then I feel patents, as a defensive measure, are necessary. The problem with being innovative is that it costs money upfront, using somebody else’s idea is easy if you have lots of cash available. Sometimes the small vendors may just need to make a stand and use their patent for financial gain and maintaining market position.

Ideally software companies would get on with being innovative and writing good quality software. Instead all the big players look for are ways to make a quick buck at the expense of innovation. If you’re an innovator you just want to write good code, not fight legal battles.

It appears software patent litigation may become a normal part of being in the software industry.

http://www.theregister.co.uk/2009/03/16/red_hat_patent_app_dynamic_routing/

http://www.freshpatents.com/-dt20090305ptan20090063418.php

http://www.wipo.int/pctdb/en/wo.jsp?IA=GB2002005577&wo=2003049369&DISPLAY=CLAIMS

http://www.freesoftwaremagazine.com/columns/whats_wrong_with_software_patents

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