NEWS
Software patents are slowing innovation - that's the view of Red Hat chief executive Matthew Szulik.
Szulik told hundreds of attendees at the Open Source Business Conference in San Francisco: "In the last 30 years, we've continued to see patents really being a challenge to innovation. The industry moves much faster than a remedy process. There is very little empirical evidence that builds a correlation between patents and innovation."
In an interview after the speech, Szulik said software patents "absolutely" retard the pace of innovation. But he stopped short of calling for their abolition, as have some of his colleagues in the free and open source software movement. Instead, he urged reform of the patent process.
Is there a skills shortage?
Tell us what you think of the IT workforce in silicon.com's 2007 Skills Survey.
Red Hat last week became one of several open source Microsoft rivals targeted as infringing 235 of the software giant's patents. Microsoft would like to arrange patent licensing deals in one way or another, as it did in 2006 with Linux seller Novell. But an amicable resolution seems unlikely at present.
Szulik took pains in his speech to argue open source programmers aren't running roughshod over others' patents. "I've had discussions with most luminaries of the open source industry. They have always been respectful of intellectual property, of originality and invention," he said.
Afterward, he added it would be useful for Microsoft to share not just the tally of 235 patents but the list of patents themselves. "No responsible vendor wants to violate patents or infringe. Any access that would allow workarounds to take place, so the respect for the innovation is maintained, is a good thing," he said, sidestepping the fact Microsoft would doubtless prefer others license rather than bypass its patents.
Red Hat itself applies for software patents but said it plans to use them only defensively. Patents do have some value, Szulik said: "When the idea is original, there's no doubt it has value to developers and the organisation behind them."
Szulik's patent reform agenda includes a better searchable database, a "cleaner distinction between patents and trade secrets" and a shorter review process for assigning patents.
Stephen Shankland writes for CNET News.com
Comments
There are 3 comments. Join the discussion
1. Roger Huffadine
It was the USA that was an early adopter of 'software' patents. As a software development company making millions in the USA we were 'gobsmacked' that software could have a patent. The whole area is a great big bog of legislation, international treaties and shark lawyers. There is no reason to have 'software' patents. They are impossible to enforce [except in the USA if you have billions of dollars to fight with] and rely on 'expert' opinion for interpretation of infringement. Save the World from software patents & greedy lawyers.
2. Graham Coles
I'm sure Microsoft would like it if people licensed their patents.
Especially the patent for the iPod user interface they applied for and were granted about seven months after the iPod was being sold on the high street.
Talk about the patent process being broken beyond repair. I think I'll go and patent an invention for a 'circular thing that makes things move'.
3. Roger Huffadine
Graham has a point that clearly demonstrates the lunacy of the American system - in the UK [apart from incompetence in the UK patent office - see previous posts] you just wouldn't get past the first hurdle and the patent would be invalid due to the concept of "prior art". If someone has made something or published the details of something in the public domain then any patent subsequently granted is worth less than the paper that its written on.