Re: [Fsfe-uk] Oct PCPro

[Ralph Janke]

address@hidden wrote:

> There is an article in October's PCpro page 33 entitled
> "Linux patents could cost end users"
> about insurance companies selling policies to cover businesses against 
> the  financial risk of having to defend a patent lawsuit.
> "....claimed Linux potentially infringes 283 patents......."
> ."...the good news for users is that a third of the 283 patents are 
> held by Linux-friendly developers..."
> "...the platform is developing a critical mass to defeat patent claims..."
> "..huge Linux user base should give enough mass to confront -and 
> dispatch- any opportunist claims.."
>
> Mgt
This is quite over the top:

1) End users can only be charged for patent violations if they use the 
product in question commercially. Non-commercial usage can by law never 
be a patent infingement.

2) Businesses should probably get insurances against the financial risk 
of a patent lawsuit even they don't use any Open Source software, since 
the patent infringement can occur in any kind of software.

3) The 283 patents may be patents filed, but how many of those patents 
will be held up in Court if tested ? Only because a patent application 
is approved by a patent office (which has a commercial interest of 
granting every application in the first place) does not have any 
validity to its claims.

4) I hope the Linux friedly patent-holders will use their patents to 
work agaionst anybody who will start legal action against OPen Source 
software. This is the biggest weapon in the hand of the Open Source 
community. In a lot of cases a counter-suit will very fast show the 
dead-locked situation. This will and the end probably really make the 
case of the insanity of the current patent policies.

Ralph Janke

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