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Patents cannot be used to prevent someone publishing research, source code, explaining how things work, etc. Infringement happens when the patented matter becom
by andraz 16y ago
Patents cannot be used to prevent someone publishing research, source code, explaining how things work, etc.
Infringement happens when the patented matter becomes part of commercial product, is being used commercially or sold. Not by publishing either textual description or source code. An example of this is x264 codec which is perfectly legal (to distribute and work on) even in countries that happily allow patenting everything under the sun. The infringement happens when it becomes used as part of the product or service.
Patent system's primary 'deal' with the inventor is "time-limited monopoly in return for a disclosure of how you did it".
Leaving aside the question on patentability of software and algorithms, I am sure talking to FFII, EFF and similar organizations might help gathering traction for a proper pushback.
- billswift 16y agoPublishing doesn't violate a patent, but it doesn't require commercial activity - building your own device, or writing your own software, for your own use constitutes a violation.