Bilski

Open*Law: 2011 in review
As we wrote in last year's year-in-review, patents are a big focus at the intersection of open source and law. This year was no different--2011 saw Microsoft Corp. v. i4i Limited Partnership go before the Supreme Court. It was affirmed, 8-0 on June 9, rejecting Microsoft's request to change the... Read more
0 comments Posted 30 Dec 2011 by Ruth Suehle (Red Hat) Feed
When the Supreme Court declined to speak to software patenting in the Bilski case, there was wailing and gnashing of teeth in the open source software world. The new Bilski test for patentable subject matter looked at first like the status quo for software patentability. But, being the sort of... Read more
7 comments Posted 18 Jul 2011 by Rob Tiller (Red Hat) Feed
By nature of our interests and where open source commonly intersects the law, we post a lot about patents in the Law channel on opensource.com. And it's been an interesting year for patents. In May, a verdict was delivered in favor of Red Hat and Novell in an infringement case based on bad software... Read more
0 comments Posted 30 Dec 2010 by Ruth Suehle (Red Hat) Feed
I can't imagine a world in which compromise and collaboration could be more important than in an open source business model. The model itself opens a Pandora's Box of issues that create a minefield that must be navigated on a daily basis and makes those concepts critical to success. Think, for an... Read more
3 comments Posted 10 Dec 2010 by Joe Anglim (Red Hat) Feed
The serious problem of proliferating bad software patents was not solved by the Supreme Court's Bilski decision, but now it's looking like it may be part of the solution. The early case law applying Bilski is much more encouraging than expected. The new Bilski test focuses on whether an... Read more
40 comments Posted 18 Nov 2010 by Rob Tiller (Red Hat) Feed
Last week I attended the EPIC conference in New York City. One of the more interesting topics came by way of Saudi Arabia. If you haven’t heard of King Abdullah University of Science and Technology, or KAUST, you’re missing out on one of the grander experiments at the intersection of government,... Read more
0 comments Posted 10 Nov 2010 by Art Seavey Feed
When the Supreme Court decided the Bilski case, it didn't speak directly to the issue of software patents.  But the Bilski majority  emphasized that abstract ideas are not patentable, and recognized that allowing patents for abstract ideas could hinder innovation.  Thus there's still room for... Read more
11 comments Posted 30 Sep 2010 by Rob Tiller (Red Hat) Feed
Eben Moglen's keynote address at LinuxCon last week, "Doing What it Takes: Current Legal Issues in Defending FOSS," called for a strategic shift in the free software movement. Moglen, the founding director of the Software Freedom Law Center (SFLC) and one of the principal drafters of the GPLv3,... Read more
2 comments Posted 19 Aug 2010 by Ruth Suehle (Red Hat) Feed
The Supreme Court case of Bilski v Kappos was billed as a case over business methods, but at its core it was over an application for a patent on software, and the denial of that application sets a good example that may lead to the denial of other software patents.
1 comment Posted 13 Jul 2010 by Ben Klemens Feed
The Supreme Court finally issued a decision in the Bilski case today [PDF]. For those troubled by the problems surrounding software patents, the opinion will be disappointing, because it does not resolve those problems. But it would be a mistake to view the opinion as a victory for the proponents... Read more
5 comments Posted 28 Jun 2010 by Rob Tiller (Red Hat) Feed

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