Defend Innovation: EFF's patent reform plan

Hugh sez, "Today, EFF launched a new campaign against software patents. In this campaign, we outline seven proposals that we think will address some of the greatest abuses of the current software patent system, including making sure that folks who independently arrived at an invention can’t be held liable for infringing on a software patent. But our campaign isn't just about our proposals — we also want to hear, and amplify, the views of the technical community. Many engineers, researchers, and entrepreneurs have suggested that reform is not enough and that software should not be patentable, period. We want to record these views, which is why our Defend Innovation campaign is designed to solicit comments from all of the stakeholders. We'll incorporate what we learn into a formal publication that we can take to Congress that reflects the views of innovators, academics, lawyers, CEOs, VCs, and everyone else who is concerned about the software patent system."

Defend Innovation (Thanks, Hugh!)

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This doesn’t go far enough. But it’s a good start in the right direction. I would add the following:

#8 For any claim of patent infringement, irreversibly releasing the code in question under any one of the Open Source licenses recognised by OSI is an affirmative defence entitling the defendant to an immediate dismissal of a claim based on that code as a matter of law. If the code in question was already so licensed prior to the filing of the law suit, the defendant is entitled to recover all legal costs from the claimant as a matter of law upon dismissal. Furthermore, any member of the bar who knowingly brings forth a claim for patent infringement against code already so licensed is subject to automatic, immediate and permanent disbarment as part of the dismissal.

This will take care of software patents while fulfilling the Constitutional purpose of patent protection: http://en.wikipedia.org/wiki/Copyright_Clause :

“… To promote the Progress of Science and useful Arts, … ”