A little patent knowledge can be a dangerous thing
Posted by: Anonymous
[ip: 97.81.50.250]
on November 02, 2007 11:30 PM
First of all, claims containing, "...where the operating system is Linux" will not hold up in court. Having such claims in an allowed patent is a sign that some examiner didn't do his job. Claims with that sort of language are indefinite -- no one can tell what they mean. Linux? What does that mean? What distribution? What version? The meaning of the term "Linux" is subject to change. Therefore, these claims are indefinite & would not stand up to litigation.
Second, most patents that mention Linux in the specification do so as part of a laundry list of other operating systems. "This method is can function under any operating system including, but not limited to, Microsoft Windows, Microsoft NT, Microsoft XP, Unix, Linux ..." The point they are trying to make is that they claim all embodiments of the invention -- no matter what operating system it runs under.
Third, someone suggest that the GPL provides protection for infringers. This person is wrong. Let's say that you load a program that has the GPL, but that also infringes a patent. You can be sued for patent infringement. Don't think it will happen? That's what all those middle school kids thought when they downloaded music off the Internet.
Bottom line. The Linux operating system itself is not patented. But if portions of it use patented software without a license or if you load a program that violates a patent, you can be sued for infringement. You don't like it? Write your congress-critter. Get them to say that software cannot be patented. Until that happens, or until the Supreme Court changes its mind, software patents are here to stay -- and they apply to people using Linux just like anybody else.
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A little patent knowledge can be a dangerous thing
Posted by: Anonymous [ip: 97.81.50.250] on November 02, 2007 11:30 PMSecond, most patents that mention Linux in the specification do so as part of a laundry list of other operating systems. "This method is can function under any operating system including, but not limited to, Microsoft Windows, Microsoft NT, Microsoft XP, Unix, Linux ..." The point they are trying to make is that they claim all embodiments of the invention -- no matter what operating system it runs under.
Third, someone suggest that the GPL provides protection for infringers. This person is wrong. Let's say that you load a program that has the GPL, but that also infringes a patent. You can be sued for patent infringement. Don't think it will happen? That's what all those middle school kids thought when they downloaded music off the Internet.
Bottom line. The Linux operating system itself is not patented. But if portions of it use patented software without a license or if you load a program that violates a patent, you can be sued for infringement. You don't like it? Write your congress-critter. Get them to say that software cannot be patented. Until that happens, or until the Supreme Court changes its mind, software patents are here to stay -- and they apply to people using Linux just like anybody else.
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