Blackmoor Vituperative

Red Hat has filed an amicus curiae brief in a major Supreme Court case. In the brief, Red Hat makes a strong case against software patents, arguing that the legal reasoning that led to software patents was flawed and that the pending Bilski case provides the Supreme Court with an important opportunity to rectify this long-standing problem with the patent system.

[…]

“Far from encouraging innovation, this proliferation of patents has seriously encumbered innovation in the software industry. Software is an abstract technology, and translating software functions into patent language generally results in patents with vague and uncertain boundaries,” wrote Red Hat VP Rob Tiller in the brief. “Under the Federal Circuit’s previous erroneous approach, the risk of going forward with a new software product now always entails an unavoidable risk of a lawsuit that may cost many millions of dollars in legal fees, as well as actual damages, treble damages, and an injunction that terminates a business. Only those with an unusually high tolerance for risk will participate in such a market.”

(from Red Hat tells Supremes: software patents stifle innovation, Ars Technica)

The issuing of patents was an experiment. That experiment has unequivocally failed. Getting rid of software patents is a good start.