[linux-audio-dev] Patents on some Linux OS code

[Tom Molesworth]

Pedro Lozano wrote:
> Thats the problem with sw patents, having to worry about all these legal 
> things, working around patents, finding prior art, etc etc I don't 
> thinks that's any good for a programmer or a small company.

Fully agreed on this one...

> An example (fictional):
> I start a new company and I invent some new method of storing or 
> representing data (or anything) and I patent it.
> Then afther some weeks or months I see IBM or MS using my method in 
> their products.

Either the idea is new and original enough that they can't reproduce it 
without reading the patent, in which case it's wilful infringement, 
triple damages, and a good lawyer will probably take your case... or 
it's obvious or in some way possible for more than one person to come up 
with the idea independently, in which case you don't really deserve the 
patent on it in the first place.

If someone can come up with the same storage technique as you have used, 
simply by hearing about your software or having to solve the same 
problems themselves, then the patent should be invalidated, if it was 
even possible to be granted it in the first place.

Founding an entire business model that's based on other people not 
knowing what you know is a recipe for disaster, imho.