The problem with software patents is that any modestly sized chunk of code likely infringes on at least one overly broad patent that should never have been issued. Get a codebase the size of Linux and you're infringing thousands. Basically everyone in the industry is playing Russian roulette with a loaded lawsuit gun and we just hope the chamber is empty when the trigger is pulled. That's just a horrible system, and it's appalling that it's been like that for decades and nobody has fixed it.
Some simple principles. The first to bear in mind is estoppel. If Microsoft releases a version of Linux, this indicates that they have accepted the GPL2. They cannot go back and argue that it is further encumbered by patents that they control. This would have prevented the release!
This applies to Microsoft, Oracle, IBM, and many other companies.
Comments
The problem with software patents is that any modestly sized chunk of code likely infringes on at least one overly broad patent that should never have been issued. Get a codebase the size of Linux and you're infringing thousands. Basically everyone in the industry is playing Russian roulette with a loaded lawsuit gun and we just hope the chamber is empty when the trigger is pulled. That's just a horrible system, and it's appalling that it's been like that for decades and nobody has fixed it.
Some simple principles. The first to bear in mind is estoppel. If Microsoft releases a version of Linux, this indicates that they have accepted the GPL2. They cannot go back and argue that it is further encumbered by patents that they control. This would have prevented the release!
This applies to Microsoft, Oracle, IBM, and many other companies.