Patent hit - MS goes after Linux - FreeBSD ?

[Erich Dollansky]

Hi,

On Thu, 2 Aug 2012 12:57:59 -0600
Chad Perrin <perrin at apotheon.com> wrote:

> On Wed, Aug 01, 2012 at 01:39:21PM +0000, Traiano Welcome wrote:
> > >
> Unfortunately, patent law and copyright law are very different
> environments.  The truth is that probably every nontrivial piece of

yes.

> software created infringes several patents, and the only question that
> remains is whether those patents would hold up in court under close

The best tool against any patents is prior art.

The open source scene misses a very simple platform. Even FreeBSD could
offer an extra list named 'prior-art' on which people can publish their
ideas. The moment the server starts distributing the e-mail, nobody can
claim a patent anywhere in the world for the idea mentioned.

> scrutiny.  The greater the disparity in legal expertise and funding
> behind the two parties, the greater the likelihood that the case will
> be found in favor of the party with the greater resources.

Not true for cases of prior art.
> 
> This is the reason software patents comprise such a blight on the
> world of software development.  Even a frivolous patent that would

There is no difference for an engineer who works in other fields.

> not hold up through completion of litigation may serve its purpose by
> bankrupting a defendant before the case is concluded.

That party must have a real dumb patent attorney then.
> 
> It is possible that Microsoft is going the way of SCO -- into its
> grave, having hung all its hopes on litigation.  Along the way,
> though, it will probably do a lot of damage to a lot of people,
> projects, and businesses, and I just hope it doesn't get as far as
> the FreeBSD project or any FreeBSD users before things come crashing
> down.
> 
It is all in the people's mind.

> (disclaimer: I am not a lawyer.  This is not legal advice.  Et
> cetera.)
> 
This is an example of the real problem.

Erich