Oracle Training Oracle Support Development Oracle Apps

 
 Home
 E-mail Us
 Oracle Articles
New Oracle Articles


 Oracle Training
 Oracle Tips

 Oracle Forum
 Class Catalog


 Remote DBA
 Oracle Tuning
 Emergency 911
 RAC Support
 Apps Support
 Analysis
 Design
 Implementation
 Oracle Support


 SQL Tuning
 Security

 Oracle UNIX
 Oracle Linux
 Monitoring
 Remote s
upport
 Remote plans
 Remote
services
 Application Server

 Applications
 Oracle Forms
 Oracle Portal
 App Upgrades
 SQL Server
 Oracle Concepts
 Software Support

 Remote S
upport  
 Development  

 Implementation


 Consulting Staff
 Consulting Prices
 Help Wanted!

 


 Oracle Posters
 Oracle Books

 Oracle Scripts
 Ion
 Excel-DB  

Don Burleson Blog 


 

 

 


 

 

   

 


Will software patents hinder open source?

In this article we see several views on the practice of patenting computer software:

 

http://searchenterpriselinux.techtarget.com/originalContent/0,289142,sid39_gci1059267,00.html

 

There are interesting observations about patents here, and it is an area that I find to be very confusing.  The labyrinth of hundreds of thousands of inter-related software patents and the shear complexity and overlap with other patents, makes the law more complex than the software itself! 

 

For me, I’m no lawyer, and I’m amused when I learn things about copyright and patent law.  Here are some “urban legends” that I have heard:

 

  • The word “Middleware” is the copyrighted property of Techgnosis Inc.
  • The term “Data Warehouse” is the property of Bill Inmon, and cannot be used without permission

 

Patent law is even more amazing, with hundreds of thousands of patented “inventions” being filed with the Patent office every year.

 

The spectre of what Microsoft might do with patents worries Perens, and he thinks that Sun Microsystems is preparing to reap the spoils of war. "I think that [Sun] has been positioning [itself] to be the party you run to once the intellectual property assault on Linux starts," Perens said. "I suspect that Sun knows something about Microsoft's intellectual property plans that we don't know."

 

Even if a technology company tried to ensure that their products did not violate patents, the complex mire of inter-related patents is impossible to research, except for in the expensive and rarified atmosphere of U.S. patent attorneys.

 

Perens pointed to a 2003 economic survey by the American Intellectual Property Law Association that showed costs of as much as $3 million to defend a patent-infringement lawsuit. "Now obviously any open source project faced with that is just going to have to just throw in the cards and settle under whatever terms they can," he said.

 

Defending against frivolous patent lawsuits?

 

So, how to small developers continue to exists, when a “frivolous” patent infringement lawsuit from a stronger competitor can put them out-of-business, at will?  Is software patent litigation an even-more serious threat to open-source projects?  Imagine if your competitor could put you out-of-business, anytime they wanted, just by filing an expensive patent challenge?

 

An acquaintance of mine has studied patent law, and he tells me that it is not uncommon for any large company to protect themselves from any patent law suit by collecting their own war chest of patents, just in-case they ever face a software infringement lawsuit.  Most large software companies possess thousands of patents, and I hear that’s it is relatively easy to defend against a patent challenge, by counter-charging that the complaining party has violated dozens of their patents.  Of course, because these patent challenges might take a Man-century to research and reconcile with other patents, the costs become too great.
 


 

 
 
��  
 
 
Oracle Training at Sea
 
 
 
 
oracle dba poster
 

 
Follow us on Twitter 
 
Oracle performance tuning software 
 
Oracle Linux poster
 
 
 

 

Burleson is the American Team

Note: This Oracle documentation was created as a support and Oracle training reference for use by our DBA performance tuning consulting professionals.  Feel free to ask questions on our Oracle forum.

Verify experience! Anyone considering using the services of an Oracle support expert should independently investigate their credentials and experience, and not rely on advertisements and self-proclaimed expertise. All legitimate Oracle experts publish their Oracle qualifications.

Errata?  Oracle technology is changing and we strive to update our BC Oracle support information.  If you find an error or have a suggestion for improving our content, we would appreciate your feedback.  Just  e-mail:  

and include the URL for the page.


                    









Burleson Consulting

The Oracle of Database Support

Oracle Performance Tuning

Remote DBA Services


 

Copyright © 1996 -  2017

All rights reserved by Burleson

Oracle ® is the registered trademark of Oracle Corporation.

Remote Emergency Support provided by Conversational