Patent me up, patent me down...
Well, MS and the FSF are at it again. It is a pretty interesting debate.
Having participated in open-source project and used open-source software, I have certainly enjoyed the benefits of both worlds.
I was reading the argument of both legal experts. On the MS side is nothing new. These are our patents and we want to protect our IP.
On the FSF, is where the legal fireworks are because they have/want to prove that software is not patentable. Thus it should be free.
Their argument is that software is a mathematical algorithm (this is my interpretation, and I am not expert in U.S. IP law) and such is made out of numbers and nobody can own numbers.
This argument kind of equates software to natural resources: air, etc. The problem with this argument, I think, is that one can not find Linux, GCC, or Windows floating in the atmosphere or growing in a field. Somebody sat and came up with the algorithm. And it is for this person to decide what it wants to do with it.
Should oil be free too? Could "joe doe" drill where Anadarko has spent thousands of hours of expertise and hefty amounts of money to find oil for free? At least natural resources are easier to spot.
This seems like going the tragedy of the commons route. Not even China is on that road anymore.
Like the lawyers around here say: "es mejor un mal acuerdo que un buen juicio"...
Labels: Economics, Politics, Software, Software Management



