It’s a well-known fact that I strongly oppose software-patents. In fact, patenting software is one of the most (ahem) patently absurd concepts I can imagine. Especially since pretty much everything in software is de-facto concepts that have been built on previous concepts building on previous concepts and so forth and so on.
Couple this with a patent system that has passed every checkpoint on the road to insanity and you’ll arrive at the system we have today. The major software companies no longer invent software, they try to patent every tom dick and harry piece of code and then sit on them like roosting hens and sue the bejeezus out of any poor schmuck who comes along.
Patents have been granted for completely absurd things, but software patents are in a league of their own. Today it’s virtually impossible for a small company to develop software without bogging themselves down in a legal quagmire trying to research what they’re allowed to do with software without violating some inane patent. Adding even such obvious things as a scrollbar to your application might violate some patent, and some troll-company comes along and sues your ass for infringement.
So, now that I’ve set the mood, let me proceed.
There’s an application on the Mac called Photobooth. It’s a fairly trivial little thing that essentially turns your Mac into one of those photobooths you can find in malls or supermarkets. You can add some minor effects and such. Basically it’s a completely harmless and mostly useless little software doo-dad that Apple includes in OS X.
Recently a new application called Cheese sailed up in the Gnome desktop. It mimics the concept of Photobooth and is just as harmless and mostly useless. It’s fun for about twenty seconds, and then you get bored.
I just visited the Cheese homepage and found out that some lawyer-shark acting on Apples behalf was forcing the creator of Cheese to abandon his project and remove all known instances of it, or they would sue him into oblivion.
This is posted on the Cheese frontpage:
all hell broke loose yesterday: i got a phone call yesterday by a nice lady, which presented herself as a former advocate of apple. she told me that the objective of her team was to find copyright and patent violations and therefore she called me:
obviously i did something wrong by starting such a project as cheese, which is a pure clone of photo booth. this would violate the us patent IC 009. US 021 023 026 036 038. G & S: computer software used for image editing, image acquisition, and image viewing, which was filed on february the 28th 2006 and as gnome is registered and known as an organization of the usa, this patent would be applicable.
i thought, that such patents would just apply, if there is some commercial interest behind it, but she knew it better: as i created cheese in the summer of code program, i “worked” for google, which makes everything a commercial project, even if now i “probably” do not get any money. in addition the full us patent law applies, as i a) worked for google in the usa for the summer of code program and b) cheese is now included in gnome, which is an organization registered in the usa.
she also told me, that of course there are similar applications like photo booth, but cheese acts as a clone and therefore an illegal copy because it works on intel based macs and therefore would be a competitor of photo booth. the fact, that cheese just runs on linux on the intel based macs was worthless by her.
so it looks pretty bad for me now.. i got a deadline of 5 work days to remove cheese code and binary versions from all places i have access to (probably svn.gnome.org, ftp.gnome.org, …).
i already contacted a lawyer, which thinks he can help me, but of course it is david against goliath…
so, if you know a way out of this, please contact me!
Is this the right way to go? HELL NO! This is just as bad as Creative getting all huffy over modified drivers that actually ADD functionality to their products. Why do companies insist on doing this? It serves nothing positive at all.