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?

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.

« 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...»

"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.

"All video codecs are covered by patents," Jobs said in the e-mail, according to Roy. "A patent pool is being assembled to go after Theora and other 'open source' codecs now

Red Hat and ESP (End Software Patents), a Free Software Foundation project, are joining others in challenging the legal logic used for software patents.

Apple's threat not only to Free/libre software but also to standards everyone can use is made more apparent because of new mail

"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.