You may already know my feelings about software patents, I’ve mentioned them before, but after the events of today I felt it was worth exploring the subject a little more. In case you haven’t heard, Microsoft themselves have now fallen foul of the software patent system in the US. News stories all over the net are reporting that they’ve been ordered to stop selling their popular Word package by a court in Texas. It’s hard to say just yet how serious this ruling will be for them or even if it will stick, but understandably it’s big news. I use OpenOffice.org but even an Open Source advocate like me can’t deny most people in the world have used Microsoft Office at some point in their lives, it’s still a dominant product. The problem in this case seems to revolve around the use of XML to specify formatting in OOXML document files. The patent is so vague it seems it could apply to almost any use of XML, a technology designed to standardize data transfer and help remove the glut of competing standards. But if using XML in this fashion was patented back in 1998, then what use is it as a standard?! Many people will be quick to gloat at Microsoft and take great pleasure in this decision. You might expect me to be among that group but I’m not, and here’s why. I’m not concerned for Microsoft or their troubles, I really couldn’t care less what happens to them. In many ways perhaps this is poetic justice for their aggressive use of software patents against other companies, so it’s hard to have sympathy. It’s also easy to laugh at them and cry “live by the sword, die by the sword” but the reality is software patents are a problem for all of us. They’re stifling creativity in the software sector and scaring developers, which is ironic when you consider why patents were actually invented in the first place. No pun intended. Read the rest of this entry »