Software patents and free software: Difference between revisions

Revision as of 15:07, 10 March 2007

Revision as of 15:39, 10 March 2007

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[[Patent]]s, in the field of [[software]], are seen by the [[free software community]] as being a problem. {{lopsided}} <!-- Is the "free software community" that monolithic? --> In response, various mechanisms have been tried to defuse [[software patent|patents involving software]]. Some with a degree of success, others have met with debate and derision. These mechanisms highlight the view among vocal anti-"[[software patent]]" campaigners that the [[software patent debate]] is a black and white issue and that any patent involving or that might cover software is, without question, bad.<ref>[http://www.ifso.ie/documents/rms-2004-05-24.html The Dangers of Software Patents], Richard Stallman 2004, "Allowing someone to patent building a signaling machine to display lights to tell a train what to do, okay, I'm not an expert on how to run railways, but such a general patent that would cover what goes on in software would have to be rejected, or else we have to perhaps say we would have to say that it doesn't apply to the software."</ref>

==Benefits of free software==

Patent holders can require infringers[[patent infringement|infringer]]s of their patents to pay a fee for ongoing use of their patent, or to stop using the idea covered by the patent software i.e. stop using the software that used the patented idea. With free software, software users have the additional option of removing the patented feature from the software, allowing them to continue using of the software. {{fact}} <!-- Is it always possible or simple to design around? --> This would not, however, prevent a free software user from having to pay damages for past infringement of the patent.

==Problems for free software==

It is quite common for patent holders to licence their patents in a way that requires a per-copy fee, however, obtaining such a licence is not possible for free software projects since requiring mandatory royaltees[[royalties]] is not permitted. {{fact}}

Other types of patent licences, such as those with a one-time worldwide payment are acceptable though.