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Red Hat Has Patents Ready
posted by scubacuda on Friday August 06, @11:02PM
from the a-good-offense-is-a-good-defense dept.
Open Source hardpack writes "Information Week has a report showing that Red Hat, though an open source company, has a "portfolio of software patents for defensive purposes." So, they're a proponent for open source--for now. Begs the question: What specifically have they written patents for?"

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    This discussion has been archived. No new comments can be posted.
    Red Hat Has Patents Ready | Login/Create an Account | Top | 5 comments | Search Discussion
    Threshold:
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Here's one patent (Score:1)
    by jfb3 on Sunday August 08, @12:04AM (#1556)
    User #1047 Info
    Debugger system using tracepoints for computer software
    Patent number: 6,754,891
    Inventors: Snyder; Michael (Palo Alto, CA); Blandy; Jim (Bloomington, IN)
    Assignee: Red Hat, Inc. (Durham, NC)
    Appl. No.: 656776
    Filed: September 7, 2000

    The present invention is a tracepoint debugging system in which instructions and displays to and from the user are represented using programming abstractions. This aids in the users' understanding of the collected tracepoint data. Additionally, the system can evaluate arithmetic expressions at the target system in order to determine addresses of data which is to be stored into the tracepoint buffer. This can reduce the amount of data required to be stored in the tracepoint buffer.
    why file defensive patents? (Score:1)
    by psxndc on Sunday August 08, @12:37PM (#1557)
    User #564 Info
    So, they're a proponent for open source--for now. Begs the question: What specifically have they written patents for?

    Because it is easier and cheaper to file a patent than to fight a patent granted to someone else claiming prior art.

    Example: say over the life of prosecution, getting a patent application to issuance costs $25k (guesstimate 15k to file and 10k prosecution and PTO fees). Now say that, for example, RH never filed the application and Microsoft gets a patent on the very same technology. RH cries "Prior art! Look what we released as part of our product before Microsoft filed" RH will easily rack up $25k in legal fees doing a claim analysis on MS's patent and just discovery. Much cheaper to file proactively than litigate reactively.

    -psxdnc

    Re:why file defensive patents? (Score:1)
    by hardpack on Sunday August 08, @08:16PM (#1558)
    User #1026 Info

    On a business level, of course it is the right thing to do. Especially if a business is going to be up against Microsoft and like-minded companies.

    But it would be interesting to see if they file patents which conflict or over-lap with GPLed software in Linux. Furthermore, the spirit of patents is ownership, while the spirit of open source is freedom. There isn't much point in open source code if you can't do anything with it!

    Re:why file defensive patents? (Score:1)
    by psxndc on Monday August 09, @08:34PM (#1561)
    User #564 Info
    On the contrary, it prevents companies like Microsoft from patenting that technology, effectively "protecting" the IP for Open Source developers. It could also be argued that because of the GPL, by giving your source code to the community, you are giving them an implied license (I am quickly stepping outside my area of expertise). What judge is going to say "Yeah Red Hat gave you the source code and allowed you to modify it freely, but you still infringe their patents." I just don't see it happening.

    -psxndc

    Re:why file defensive patents? (Score:0)
    by Anonymous Coward on Tuesday August 24, @02:46PM (#1614)
    No, it does not really prevent Microsoft from patenting that technology. They can add one trivial change to the old claims, and file a new patent. It is entirely possible for software to be covered by both patents.

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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