| Software Freedom Law Center comes to Microsoft's aid |
Dec. 15, 2006
If you thought Novell partnering up with Microsoft was shocking news, then you probably don't want to read the rest of this story. Just remember, we warned you.
The Software Freedom Law Center (SFLC), a non-profit organization that provides pro-bono legal services to protect and advance open-source software, filed a brief today with the U.S. Supreme Court in support of Microsoft's appeal of a software patent decision.
Yes, Microsoft.
In the case of "Microsoft v. AT&T," the SFLC is asking the Supreme Court to decide against U.S. patents applying to software that is copied and distributed overseas. The Court of Appeals for the Federal Circuit, a specialized patent court known for allowing patents on software and business methods, originally decided in favor of AT&T. In that decision, the court said that U.S. software patents applied even if the violations happened outside the U.S.
Microsoft appealed the decision and the Supreme Court agreed to hear the case.
The SFLC explains in its brief that its unlikely championing of Microsoft's cause in this case is because the "SFLC has an interest in this matter because the decision of this Court will have a significant effect on the rights of the Free and Open Source Software developers and users."
In its brief, SFLC argues that software copied and distributed outside the U.S. cannot infringe U.S. patents. The brief also argues that the Federal Circuit's decisions declaring software to be patentable subject matter conflict with Supreme Court precedent, and thus should be overruled.
In a statement, SFLC Legal Director Daniel Ravicher said, "I expect many people will be surprised that the Software Freedom Law Center has filed a brief with the Supreme Court in support of Microsoft. In this specific case, Microsoft and SFLC are both supporting the position that U.S. software patents have no right to cover activity outside of the United States, especially in places that have specifically rejected software patents."
In Supreme Court decisions, the explanation for deciding a case is almost always more important than the outcome of the particular case at hand. In this case, the Court's decision will determine whether U.S. software patents can be used to restrict software development, distribution, and use throughout the rest of the world. While it's only a distant possibility the SFLC hopes that a Supreme Court ruling might even find that software patents are illegal.
Eben Moglen, SFLC's executive director and well-known free software attorney in a statement, noted that "in contrast to the Federal Circuit, the Supreme Court has maintained limits on patentable subject matter throughout U.S. history. The Supreme Court has consistently ruled that algorithms and mathematics cannot be patented. Since software is expressed as mathematical algorithms, it should not be patentable."
-- Steven J. Vaughan-Nichols
Do you have comments on this story?
Talkback here
NOTE: Please post your comments regarding our articles using the above link. Be sure to use this article's title as the "Subject" in your posts. Before you create a new thread, please check to see if a discussion thread is already running on the article you plan to comment on. Thanks!
(Click here for further information)
|
|
|
7 Advantages of D2D Backup
For decades, tape has been the backup medium of choice. But, now, disk-to-disk (D2D) backup is gaining in favor. Learn why you should make the move in this whitepaper.
4 Legal Reasons to Control Internet Access
The Internet is obviously a valuable resource for many organizations. However, many are exposed to legal liability concerns because they fail to control Internet access. Learn if you're safe in this white paper.
Rapidly Resolve J2EE Application Problems
Whether you are in the process of building J2EE applications or have J2EE applications already running in production, you must ensure that they deliver the expected ROI. Learn how in this white paper.
Load Testing 2.0 for Web 2.0
There are many unknowns in stress testing Web 2.0 applications. Find out how to test the performance of Web 2.0 in this white paper.
Build Better Games Online
For the game infrastructure providers, life is complex. Making money from games has become more complicated. Why? Find out in this white paper.
Building a Virtual Infrastructure from Servers to Storage
This white paper discusses the virtual storage solutions that reduce cost, increase storage utilization, and address the challenges of backing up and restoring Server environments.
Gaining Faster Wireless Connections with WiMAX
Welcome to what is quickly becoming the hyperconnected world where anything that would benefit from being connected to the network will be connected. Learn more in this white paper.
Is Your Desktop a Security Threat?
The new wave of sophisticated crimeware not only targets specific companies, but also targets desktops and laptops as backdoor entryways into those business’ operations and resources. Learn how to stay safe in this white paper.
Increasing SAN Reliability by 100 Percent
Storage area networks (SAN) are a strong part of storage plans. Learn how to increase your reliability and uptime by 100 percent in this case study.
|
|
|
|
|
news feed