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

'Sex Workers Are Part of the "Everyone" That Deserves 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 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

Noted Belgian adult producer and director Dennis Black Magic has been sentenced to 7 years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Host Webinar on Derisking and the Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

Show More