What happens when the inconceivable becomes the possible?
The Linux open source group and several allies asked the Supreme Court to invalidate all software patenets. Every last one.
The group has its motives. There is concern that open source software like Linux may have code in it that come from proprietary software written by companies like Microsoft.
According to Fortune.com, there may be a legal basis for the argument: "software, because it is just a set of instructions readable by a compatible machine, could not be patented without impermissibly carving out of the public domain fundamental laws of nature, abstract ideas, or mathematical algorithms, which the Supreme Court has previously declared to be off limits to patenting."
It would appear that the court is unlikely to side with the Linux point of view, but even if it renders a decision that favors that idea that some software cannot be patented companies like Microsoft and IBM may be in for a rough ride.
Douglas A. McIntyre can be reached at [email protected]. He does not own securities in companies that he writes about.
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