Patents for software - perfectly reasonable we might think. The reality is that this new phenomena of granting patents to software methods represents the greatest threat to innovation - and in a derivative sense the freedom of culture.

Patents have only in the last few years been extended to include software. Prior to this software was protected by copyright. This meant that the code written by a particular individual or company was protected, but the methods could be used, built upon and extended by others. It is in such an environment that an immense amount of software innovation took place. In fact many of the basic technologies used by Microsoft in its software were developed by others.

Many thousands of software patents are now being granted such that it is becoming almost impossible to write anything in code that is not already covered by a patent. Large corporations are able to gain some protection by arming themselves with patents to use in self defence. The net result is that innovation in software is fast becoming the preserve of organisations with the vast financial reserves necessary to claim, defend and wield patents.

Far more convincing than I am able to be, here is a very capable article at Groklaw, a site that has grown out of the response to the SCO threat to Open Source Software. The article begins with the case that Kodak has won against Sun Microsystems concerning the Java technology. The patents are ones that Kodak bought from another company. Kodak has not developed Java, but now they are claiming $1bn in royalties. In this there is neither justice not protection for those that actually develop new ideas and fuel the process of innovation. Do read the story. It is a warning for those of us in Europe, in an EU that is in danger of going down the US route. Is it too much to hope that we can learn from their mistakes rather than being so keen to emulate?