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

U of Wisconsin Lawyers Admit to Political, Donor Pressure to Terminate Prof. Joe Gow Over OnlyFans Content

Lawyers for the Universities of Wisconsin admitted during a hearing Friday that the institution has received pressure from a Republican politician and from a donor to strip veteran UW professor of communications Joe Gow of tenure for unremorsefully creating and appearing in adult content.

Heritage Foundation Leader Kevin Roberts Doubles Down on Defense of Anti-Porn Project 2025

Heritage Foundation and current Project 2025 leader Kevin Roberts appeared on Fox News' Special Report with Bret Baier on Wednesday to defend the controversial conservative initiative, which includes a call to criminalize the production and distribution of pornography.

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The Labour government of U.K. Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Conservative Prime Minister Rishi Sunak in 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Show More