In this essay, Bruce Perens, senior advisor for Hewlett-Packard and the primary author of the Open Source Definition, offers a perspective on software patents, the fundamental problems with them, and the hazard that they present to Free Software development. Also included, is a discussion on the upcoming summit meeting Perens has called on Free Software and The Law. Perens writes . . .

“There's been a lot of press about my activities regarding software patents and the summit meeting that I've called on Free Software and The Law. Since the press tends to simplify things and sometimes misinterprets them, it's time for me to talk about the situation of Software Patents and Free Software in my own words . . .”

“So, we might consider whether or not software patents are actually promoting progress, or if they might even be hindering it. Surprisingly, there is no hard evidence that software and business method patents promote progress. There don't seem to be any good scientific studies on the issue . . .”

“So, who profits from all of this if the large companies don't? Not the small and individual inventors, they can't afford to sue to collect on their own patents. The system does keep a lot of patent lawyers in business, costing companies Billions every year. It may also keep some research scientists in business, since companies sponsor research departments so that they can have a steady flow of inventions upon which to file patents . . .”

“But the best argument for this essay is that software patents block Free Software development. Today, they are a nuisance, tomorrow they could be much more. There are companies that see Free Software, especially GNU/Linux, as an interloper to be shut down, a competitor to be eliminated . . .”

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