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 © 2026 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

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

BranditScan Rolls Out Real-Time Telegram Leak Scans, Takedowns

BranditScan has launched Telegram Bot, a new feature that lets creators scan Telegram in real time for leaked content.

Pineapple Support to Host 'Suicide Survivors' Support Group

Pineapple Support is hosting a free online support group for performers affected by suicide.

Studio Vanniall Signs Exclusive Partnership Deal With PAYSITE

Studio Vanniall has signed an exclusive partnership deal with PAYSITE.

Show More