Software standards must be implementable in any software or business model, including those based on Free Software. When patents are included in software standards, they need to be licensed in a manner that doesn’t restrict their implementation in any way. Besides the absence of any other restriction, that means royalty-free licensing to any party implementing the standard.

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.

« Richard Stallman will explain how software patents obstruct software development. Software patents are patents that cover software ideas. They restrict the development of software, so that every design decision brings a risk of getting sued. Patents in other fields restrict factories, but software patents restrict every computer user. Economic research shows that they even retard progress...»

Critics of the misguided scope of patents point to scholarly work that arguably supports the abolishment of software patents; Pirate Party UK promises to abolish software patents

Software patent law is not for the faint hearted. Now the FSF has funded a new video where top hackers and legal experts explain where the idea came from and just why it is so bad for free software. With increasing evidence that patents harm, rather then help, innovation, is the tide beginning to turn against software patents?

New figures explain why Microsoft is lobbying so hard for software patents all around the world

"The European Commission has fined Microsoft 899 million Euro for anti-competitive behaviour by restricting access to interoperability information through unreasonable royalty payments prior to October 2007. This is in addition previous fines of 497 million Euro and 280 million Euro applied in the same investigation, resulting in a total penalty of 1.676 billion Euro.

«Microsoft is the last company that actively promotes the use of software patents to restrict interoperability. This kind of behaviour has no place in an Internet society where all components should connect seamlessly regardless of their origin,» says Georg Greve, president of the Free Software Foundation Europe.

Last week, we put out an action item asking people to write to the USPTO, and explain to them why software should not be eligible for patents under their forthcoming post-Bilski guidance. To answer the call, you all sent in more than 450 letters, offering the USPTO all kinds of legal and practical reasons why they should stop issuing software patents.

The dangers of software patents for free software have always been a hot issue. But with the news that Red Hat and Novell are being sued for alleged patent infringement by IP Innovation, the matter has moved from theory into practice.