Software Patents: Bilski Case before the US Supreme Court
The Bilski Case is to be heard by the US Supreme Court. The case deals with the patent eligibility of marketable ideas and will, according to expert opinion, have great influence on the patenting of software.
On October 30. 2008, a Court of Appeal handed down a ruling on Bilski that since then has been much discussed. Bernard Bilski and Rand Warsaw, founders of the Weatherwise company, wanted in 1997 to protect their ideas on the processing of weather risk data.
The US Patent Board refused to recognize the patent because in their opinion, the idea did not rely on technology and was merely a mental process. Patent lawyers quickly saw the similarities with the situation involving free and open software and attorneys from the US Linux distro Red Hat presented the courts of appeal with a brief of amicus curiae.
Now, after a long legal battle involving numerous appeals, the highest court in the land will decide if patents can be awarded to, for example, financial products, business principles and Internet transactions. In the latest decision on the Bilski case, IBM took sides against the patenting of business ideas, although the company itself owns many such patents. The consultant company, Accenture and American Express both support the idea.
In his blog, law professor Dennis Crouch presents the held positions of larger organizations and companies regarding the Bilski case. His blog shows that companies like Microsoft and Dell want to see patents closely linked to technological utilization, while Yahoo would like the patents to be more broadly defined. The hearing will begin in October. A result is expected early 2010.
Subscribe to our Linux Newsletters
Find Linux and Open Source Jobs
Subscribe to our ADMIN Newsletters
Support Our Work
Linux Magazine content is made possible with support from readers like you. Please consider contributing when you’ve found an article to be beneficial.
News
-
Gnome 47.1 Released with a Few Fixes
The latest release of the Gnome desktop is all about fixing a few nagging issues and not about bringing new features into the mix.
-
System76 Unveils an Ampere-Powered Thelio Desktop
If you're looking for a new desktop system for developing autonomous driving and software-defined vehicle solutions. System76 has you covered.
-
VirtualBox 7.1.4 Includes Initial Support for Linux kernel 6.12
The latest version of VirtualBox has arrived and it not only adds initial support for kernel 6.12 but another feature that will make using the virtual machine tool much easier.
-
New Slimbook EVO with Raw AMD Ryzen Power
If you're looking for serious power in a 14" ultrabook that is powered by Linux, Slimbook has just the thing for you.
-
The Gnome Foundation Struggling to Stay Afloat
The foundation behind the Gnome desktop environment is having to go through some serious belt-tightening due to continued financial problems.
-
Thousands of Linux Servers Infected with Stealth Malware Since 2021
Perfctl is capable of remaining undetected, which makes it dangerous and hard to mitigate.
-
Halcyon Creates Anti-Ransomware Protection for Linux
As more Linux systems are targeted by ransomware, Halcyon is stepping up its protection.
-
Valve and Arch Linux Announce Collaboration
Valve and Arch have come together for two projects that will have a serious impact on the Linux distribution.
-
Hacker Successfully Runs Linux on a CPU from the Early ‘70s
From the office of "Look what I can do," Dmitry Grinberg was able to get Linux running on a processor that was created in 1971.
-
OSI and LPI Form Strategic Alliance
With a goal of strengthening Linux and open source communities, this new alliance aims to nurture the growth of more highly skilled professionals.