[…] IBM has sent a nastygram to the company TurboHercules, with a “non-exhaustive” list of US patents that it believes “will be infringed” by TurboHercules' code.

In 2005, IBM pledged to not use five hundred patents against open source software. In 2010, two of those patents have shown up in a letter from IBM to the makers of TurboHercules, an open source mainframe emulator

After covering the war of words over IBM's use of patents in a business dispute with French start-up TurboHercules and giving my two cents on this open-source family fight, I'd hope the matter would die down. I was wrong.

Earlier this week it was made public that IBM had levied patent infringement allegations against French company TurboHercules and its mainframe emulator. A letter signed by IBM VP and technology officer Mark S. Anzani and addressed to TurboHercules co-founder Roger Bowler detailed the more than 170 patents the company allegedly infringed upon.

More resistance to software patents and an example (in video) of patent madness.

IBM is threatening to pursue legal action against TurboHercules, a company that sells services relating to the open source Hercules project, an emulator that allows conventional computers with mainstream operating systems to run software that is designed for IBM System Z mainframe hardware.

"End Software Patents, a project working toward the elimination of software patents, was launched today. The ESP project will initially focus on two approaches: 1) assisting corporations that choose to challenge software patents in the courts and at the U.S. Patent and Trademark Office (USPTO) on the basis that patents for software and designs with no physically innovative step have no legal validity, and 2) public education aimed at passing laws to protect software from patent law. [...] In a separate announcement today, ESP released its first report on the current state of software and business method patents. The report covers the economic impact of software patents, including the $11.4 billion that U.S. businesses waste each year on software patent litigation.

Once upon a time, IBM was seen as the dark force in the computing industry - Darth Vader in a Charlie Chaplin mask. More recently, though, the company has come across as a strong friend of Linux and free software. It contributes a lot of code and has made a point of defending against SCO in ways which defended Linux as a whole.

The contentious issue of software patents is rearing its head again, both in India and globally. The Indian Patent Office, for instance, invited companies and institutions to comment on its Draft Manual 2008 — Patent Practice & Procedure (software patents included) this April.