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September 7, 2006

Supreme Court On Open Source Software

Information Week's Charles Babcock writes in the September 4 issue, "Supreme Court To Hear Arguments On Software Patents And Open Source." Did you know that KSR v. Teleflex is about open source software?

The article is a vehicle to promote the view of the Electronic Frontier Foundation (EFF), who confess that patent infringement is endemic to the open-source software community. "It's no longer possible to write a program of complexity without infringing on what someone claims is their established patent," open source advocate Bruce Perens admits. Since open source software folk chronically infringe, but don't invent much, they'd like to gut patent enforcement at every opportunity. The rallying cry of anarchists and terrorists applied to IP: the ends justify the means. Here's one narcissistic propaganda point made by the EFF: "Holders of bogus obvious patents, assisted by the Federal Circuit's improper test, may limit the growth for which open source is poised." If it hurts open source, stomp on it.

The EFF is hoping that the Supreme Court is stupid enough to create anarchy with patents. On that they may be right.

Posted by Patent Hawk at September 7, 2006 12:01 AM | Prior Art