The Linux Kernel and Software Patents

batsman writes "The Linux VM system programmers are discussing the software patents that could block further development of important features. Alan Cox brings up several SGI patents covering the techniques they were considering, and Daniel Phillips has found some patents that affect features already present in Linux. Linus Torvalds thinks they should ignore these patents and pretend they don't exist until they cause troubles. How long before kernel developers are sued for patent infringement?"

Obvious Strategy

[pete-classic]

1. Ignore patents.
2. If you get sued:
a. Replace the infringing code with code that does not infringe on that particular patent.
b. Sit back and watch patches back to the infringing code appear.
3. Laugh as the corps realize that they are completely ineffective.

We now return you to your regularly scheduled revolution.

-Peter

Yes, Ignore them

[donutz]

Linus thinks we should work on other problems until the patents become a problem:

"If somebody sues you, you change the algorithm or you just hire a hit-man to whack the stupid git."

I guess hit men are cheaper than IP lawyers?

Re:Ignore them?

[Anonymous Coward]

Naw, they can just give in. Linus could agree to give them 50% of everything he earned from selling Linux. These would be very good terms for settling any patent-infringement case. Then they just add up all those zeroes and ask Linus to hand it over. Simple.

Re:Yes, Ignore them

[ejdmoo]

"I guess hit men are cheaper than IP lawyers?"

Not nessisarily...just less evil.

Re:Quoting Linus

[Lemmy Caution]

Although, I must admit, my already tremendous amount of respect for Linus just went up a notch. ;)

Not to mention fear. I half-expect to wake up to find a severed header (horse.h?)in my bed.

Re:Keeping things equal

[Anonymous Coward]

I suggest Linus and others move to IPv6. With trillions more IPs, we won't have any more problems with having to violate each others' IP.

Re:Yes, Ignore them

[Anonymous Coward]

Hey now. I just so happen to be an IP lawyer, and I can tell you beyond a shadow of a doubt that we are not evil.

In fact, when I was studying under satan in the Hell College of Law in San Diego, we went through a whole class on "why we are not evil". Unfortunately, it usually ended in crisping the interviewer, but hey, them's the breaks.

It was neat having cthulu as an adjunct instructor, though. I never knew "lawyers suck" could be taken so literally!

Re:I agree with Linus in principle

[Obsequious]

> I guess he was just pissed.

Either that, or he's been playing Grand Theft Auto 3 recently.

Re:Linus...

[Buskaatt]

I think we need to port that little M$ Paperclip to our favorite application development environments so it could warn us ...

Developer: (click-click), "#!/usr/bin/python"

Paper Clip: "Hi! It appears as if you are violating a patent! Would you like to:

1. Give up your house, boat, computer, and first-born in court,
   
   
2. Save me the trouble of calling in the black helicopters and stop development now, or
   
   
3. Ignore it like Linus?"
   

Of course that would be violating a patent too ...

Don't ignore the patent owners!

[ehiris]

You have to come to an agreement with the patent owner!

If he doesn't want to come to an agreement, you post their contact info on Slashdot so they can be driven crazy by anti-patent nazis.

Much too funny

[alexburke]

If somebody sues you, you change the algorithm or you just hire a hit-man to whack the stupid git.

You go, Linus! Teach 'em who's boss! Send Guido and Boris to have a discussion with the patent holder's kneecaps!

"Daddy, I want to write a program!"

[RyanFenton]

"What kind of program would you like to write, little one?"

"One that will help me with my homework."

"That's a fine idea! Let's start now - get in the car!"

"Huh? I thought we were going to use the compu-"

"But we have to go to Mr. Lawyer's office. Mr. Lawyer can tell us if it's alright to make the program we want to make."

---Three Weeks Later---

"Sorry, Billy. It looks like we can't make the program. 'Looks like someone else thought up the idea of a program to help with homework before you did."

"I don't care about that anymore. Programming's boring, just waiting for lawyers to call you. I want to be a lawyer now! I want to tell people not to make programs!"

"That's my boy! You tell 'em tiger!"

Ryan Fenton

Re:Patents were not restricted to machines!

[woogieoogieboogie]

Whoever invents or discovers any new and useful process,

so this means that no Microsoft products can be patented because they are neither new or useful.