Open Source Programmer goes to court and Wins
Friday, October 3rd, 2008Imagine, your a programmer, and you release your very own code, under an Open Source License. Meaning, others are allowed to use, modify, share and contribute, to make it better. However, one can not use the same code and then market it, only to bill the original programmer(s), because of a sneaky patent being filed.
Well, this actually happened, which sounds absurd, but is true.
The software is used to control model trains. A hobbyists past time project, of which, there are many. However, another individual, that sells model trains, decides to file and gain a patent, regarding the model train controller ‘Free Software’, then attempts to bill the creator/programmer of the model train controller computer code! Wow!
Naturally, the programmer takes the person, trying to bill him, to court and wins!
This marks a major victory, regarding the protection of Open Source Developers/Programmers. Such a case had never been officially fought in a court system, only idle threats of it possibly happening. Case in point … For years, Microsoft has accused Linux, and the entire Open Source community, at large, that it too violates Microsoft Patents, of which MS refuses to fully disclose.
This small victory, can now be the foundation in resolving the FUD — Fear Uncertainty and Doubt — that large corporates are using, to deter would be businesses, from going the Open Source route, rather than the said corporation’s route. ‘OK, flat out… I am talking about Microsoft, being that corporation.’
It just keeps getting better, for the Open Source Innovators. It is a huge controversy to patent any kind of software process, because it’s a bit like trying to patent the English Alphabet, than attempting to ask for licensing fees for those that write books. Programming, has too many universally required algorithms and processes, that many computer program share. Attempting to patent a specific software idea simply is not rationale.
So, it will be interesting to see where all this takes Open Source, and hopefully will encourage other businesses that there are alternative software technologies out there, that are patent free.