Dave Winer On Microsoft Patents

Scripting News: “Microsoft files and gets lots of patents. Last week for the first time they said they will use patents to limit competition. That means if you produce software that uses some technique that Microsoft has patented, they’ll either make you take the feature out or send you a bill.” Dave likens software to speech and feels that such moves by Microsoft limit his First Amendment rights. Read on for my comments.

I think there is a line to be drawn between software and speech, because software can do things with information, much like a mechanical device can do things with physical items. I think software patents may be okay for truly novel inventions, but I’m not confident in the patent office’s ability to discern what is truly novel. And the danger is as Dave describes… a big company can force a small one to capitulate simply because the smaller one can’t afford the legal bills to battle it out.

The next couple of years will likely bring many interesting cases before the courts. We still need final verdicts on DeCSS, the DMCA and many of the silly patents that people have applied for and won. I sincerely hope that the courts err on the side of freedom over corporate interests. Even better if the courts strike a good balance, but that would indeed be a monumental challenge.