Re: [LI] Fwd: Linux headed for disaster? >> Doesn't Patents protect Or Isn't Binary code ENOUGH !!! <<

[Arun Sharma <adsharma@xxxxxxxxxxxxxxx>]

On Wed, Dec 08, 1999 at 09:57:41AM +0530, C Hanish Menon wrote:
> 
> a) He can PATENT it if its REALY UNIQUE. and this should protect him
> from others taking undue advantage or copying his effort with out getting
> consent from him.
> 

Most corporates these days have a war chest of patents and encourage
their employees to get more patents with financial incentives. I'm not
a huge fan of this practice.

A lot of companies - at least a large semiconductor vendor I've worked
for - won't touch GPL with a ten foot pole because they're afraid of
losing their patents as a result of willingly releasing code under GPL.
i.e. someone can sue claiming that their patents are invalid because the
code was released under GPL. Note that this is a situation unique to GPL.

> b) The Software drivers If I am not wrong May/Maynot provide enough
> info always. (I know it depends). But at the levels of Drivers, If
> someone is REALLY INTERESTED in GETTING to KNOW the HARDWARE LOGIC,
> the BINARY CODE IS IN ITSELF MORE THAN SUFFICIENT MOST OF THE TIMES.
> Thus I DON'T see as to WHAT advantage do hardware vendors have in NOT
> RELEASING SOURCE based Drivers. PLEASE CLARIFY.

Good point. People who want to reverse engineer can do so even with
binaries. So this isn't really an issue - though some people claim
that reverse engineering from source is easier.

But there are other reasons -

(a) Clever combination of hardware and software to reduce costs. Winmodem
    is a much vilified and perhaps unnecessary trick. But is a valid 
    concept. By releasing source, you're giving away the trick. Again,
    releasing under GPL = losing your patent.

(b) General FUD associated with GPL. Small time companies which don't 
    have the means to hire a lawyer for a legal opinion just don't want
    to go through the hassle.

(c) Support costs - they don't want to maintain or support a driver 
    which has been changed significantly. 

	-Arun

PS: Unnecessary capitalization is considered NOISY on the net. You normally
do that to express a strong emotion.