"End Software Patents (ESP) has filed an amicus curiae brief in the Court of Appeals for the Federal Circuit's (CAFC) rehearing of the In re Bilski case. The rehearing could lead to the elimination of patents on software.

"BOSTON, Massachusetts, USA -- Friday, October 2, 2009 -- The Free Software Foundation (FSF) today submitted an amicus curiae brief calling on the Supreme Court to affirm that software ideas are not patentable.

"As opinions form about the extent to which the Court ruling impacts the patenting of software, one thing is clear. The State Street ruling that in 1998 opened the flood gates to the patenting of business methods and software has been gutted, if not technically overturned..."

FSF has now filed an amicus brief in Bilski, and they too ask the Supreme Court "to affirm that software ideas are not patentable":End Software Patents (ESP) executive director Ciaran O'Riordan explained, "Every software patent is a restriction on software developers and users of computers, and there are currently 200,000 software patents in the USA.

"Last week, the Free Software Foundation announced an important new initiative called End Software Patents whose goals are pretty evident from the project's name. So far, the initiative is backed by the FSF, the Public Patent Foundation, and the Software Freedom Law Center [...] ESP can reach out farther than the FSF alone and build a coalition that can destroy software patents for the good of much more than the free software community..."

Patent advocates, large successful businesses, and politicians are so enthusiastic about the patenting of software that it’s hard to accept arguments from people like the FFII and Free Software Foundation who claim that the software industry simply does not need software patents and would be far better off without them.

"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.

Patent Absurdity explores the case of software patents and the history of judicial activism that led to their rise, and the harm being done to software developers and the wider economy. The film is based on a series of interviews conducted during the Supreme Court's review of in re Bilski — a case that could have profound implications for the patenting of software.

An assorted set of analyses of the state of software patents in the United States