Software Patent: No Software Patents

Author
Aron Schatz
Posted
January 4, 2007
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6298

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In a case at the Supreme Court, Microsoft is arguing that patents granted in the US cannot be held overseas if the country does not allow the type of patent (software). A free software group agrees and goes one step further, they say that software patents in the US violate a precedent set by the Supreme Court itself. Hopefully these things will abolish software patents once and for all.

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The SFLC explains in its brief that its unlikely championing of Microsoft's cause in this case is because the "SFLC has an interest in this matter because the decision of this Court will have a significant effect on the rights of the Free and Open Source Software developers and users." In its brief, SFLC argues that software copied and distributed outside the U.S. cannot infringe U.S. patents. The brief also argues that the Federal Circuit's decisions declaring software to be patentable subject matter conflict with Supreme Court precedent, and thus should be overruled.

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