Patent Lawsuit Could Kill Open Source

HOUSTON — Users of open source code may no longer be immune from patent infringement cases if a suit filed by Delaware-based FireStar Software against Raleigh, N.C.-based Linux distributor Red Hat goes the way many patent experts think it might.

While the suit itself centers around a dispute over a 2000 FireStar patent for interfacing object-oriented software applications and related databases, the case could bring into play the larger issue the viability of open source as a method for software development.

Writing for Technocrat.net, Bruce Perens, an open source advocate, called the Red Hat/FireStar suit the tip of the iceberg.

Perens predicted that should FireStar prevail in its suit, or should Red Hat see fit to settle, open source use of what he called the “object-relational paradigm” might become impossible. Perens went on to say that this opening salvo in the open source war could put open source itself on the chopping block.

“We should not be confident that we will continue to have the right to use and develop open source software,” Perens said. “A coordinated patent attack by a few companies, or even one large company, could completely destroy open source in the U.S. and cripple it in other nations.”

Arguing that the twin protections of patent and copyright for software had been a bad idea, Perens called for legislative protections for open source in light of what he sees as the specter of looming litigation from firms like Intellectual Ventures.

“Founded by ex-Microsoft executive Nathan Myhrvold and touted as a means to ‘encourage innovation’, it appears to be a litigation factory in the making,” Perens said. “Intellectual Ventures has been purchasing patents to construct a portfolio that it will then assert against someone, probably small and medium-sized businesses to start with.”

A report on technology site InfoQ.com suggested that the venue for the case, the Eastern District of Texas, is notorious among patent lawyers for favoring patent holders.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Show More